R04-096
II
1 RESOLUTION 04- 0<=1 b
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, RATIFYING
5 THE CONTRACT BARGAINING AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH,
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7 : I FLORIDA AND THE NATIONAL CONFERENCE OF
: I FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL
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9 II 1227 (WHITE COLLAR BARGAINING UNIT) FOR THE
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10 PERIOD FROM OCTOBER 1, 2003 THROUGH
11 I SEPTEMBER 30, 2004, AND AUTHORIZING AND
12 DIRECTING THE CITY MANAGER AND CITY CLERK
13 I TO EXECUTE THE AGREEMENT; AND PROVIDING
14 AN EFFECTIVE DATE.
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16 WHEREAS, the City of Boynton Beach and the NATIONAL CONFERENCE
17 F FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (White Collar
18 argaining Unit) have successfully concluded negotiations for a one year contract; and
19 WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
20 nd
21 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
22 he best interests of the residents and citizens of the City to ratify the Agreement and
23 txecute the same; and
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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26 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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28 Section 1. The City Commission of the City of Boynton Beach, Florida does
29 ereby ratify the Agreement between the City of Boynton Beach and the NATIONAL
30 ONFERENCE OF FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (White
31 ollar Bargaining Unit) for the period of October 1, 2003 through September 30, 2004,
32 d authorizing and directing the City Manager and City Clerk to execute the Agreement,
33 copy of said agreement being attached hereto as Exhibit "A".
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1 Section 2. This Resolution will become effective immediately upon passage.
2 PASSED AND ADOPTED this -.-L day of June 2004.
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4 CITY OF BOYNTON BEACH, FLORIDA
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VI.-CONSENT AGENDA
ITEM C.9
PROPOSED AGREEMENT ROY-D'1b
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND
THE NATIONAL CONFERENCE OF
FIREMEN AND OILERS, SEIU, AFL-CIO, CLC
LOCAL 1227
WHITE COLLAR BARGAINING UNIT
October 1, 2003 - September 30, 2004
· OS/27/04
TABLE OF CONTENTS
Article Page
1 Preamble 5
2 Recognition 6
3 Rights of Employees 7
4 Strikes 8
5 Non-Discrimination 9
6 Representation of the City 10
7 Union Representation 11
8 Collective Bargaining 13
9 Union Time Pool 14
10 Bulletin Boards 15
11 Progressive Discipline 16
12 Grievance Procedure 26
13 Basic Work Week and Overtime. 29
14 Compensatory Time 31
15 Wages 32
16 Transfers and Demotions 34
17 Stand By and Call Back Pay 35
18 Emergency Pay 37
19 Certification Pay 38
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20 Pay for Training 39
21 Working in a Higher Class 40
22 Sick Leave 41
23 Workers Compensation 43
24 Light Duty 44
25 Vacation 45
26 Bonus Days 46
27 Holidays 47
28 Funeral Leave 48
29 Military Leave 49
30 Leave of Absence 50
31 Unauthorized Absence 51
32 Jury Duty 52
33 Seniority, Layoff, Recall 53
34 Job Posting 55
35 Safety and Health 57
36 Insurance 58
37 Personnel Files 59
38 Tuition Reimbursement 60
39 General Provisions 61
40 Dues Deduction 63
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41 Pension 65
42 Substance Abuse 66
43 Probationary Period 67
44 Longevity 68
45 Bonus Increase 69
46 Management Rights 70
47 Labor Management 72
48 Savings Clause 73
49 Maintenance of Conditions 74
50 Posting of Agreement 75
51 Collateral Documents 76
52 Duration 77
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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, SEIU 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.
Section 2. The parties agree that nothing in this agreement shall prohibit the parties
from meeting and discussing any items of mutual interest in accordance with the law.
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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 bargaining
unit described below for the purpose of bargaining collectively with the City relative to
wages, hours, and terms and conditions of employment of the pubic employees within the
bargaining unit
Section 2. The bargaining unit is comprised of those positions certified for inclusion
by the Public Employees Relations Commission.
Section 3. In the event of a conflict between the foregoing list of positions included
in the bargaining unit and the unit as recognized by the Public Employees Relations
Commission (PERC), the unit recognized by the PERC shall control.
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ARTICLE 3
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. All provisions of this Agreement shall be applied fairly and equitably to all
employees in the Bargaining Unit.
Section 3. Employees may request a Union representative to be present when they
believe a meeting with a supervisor may lead to discussions which could form the basis of
disciplinary action.
Section 4. Employees shall have the right to be supplied 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, SEIU, 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 the 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 affirms
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.
Section 3. The parties agree that this Article is not subject to grievance or arbitration.
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ARTICLE 6
REPRESENT A TION 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.
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ARTICLE 7
UNION REPRESENT A TION
Section 1. The City agrees to recognize the Union's officers and four (4) City
employee stewards as agents of the Union. The Union shall furnish written notice to the
Department Head of the designated Union officers ef and stewards within three days of
ratification of this Agreement and when any change in designation is made thereafter.
The City recognizes the right of the Union to designate one (1) chief steward from among
the four (4) City employee stewards. The authority of a Union steward to act on behalf of
and bind the Union is implied from their designation as Steward.
Section 2. Non-employee officials of the Union shall, with prior notification by the
Department Head be admitted to the property of the City for purposes of administering
the Agreement. Union officials as designated above shall only be able to meet with City
employees in non-work areas (i.e., break areas) and during non-work time. Nothing in
this section shall preclude or interfere with the City's right to control access to City
tàcilities for safety and lor security purposes.
Section 3. Union stewards will be granted paid leave to engage in representation
activities on behalf of any member as follows:
Engaging in collective bargaining with the representatives of the City and for
grievance investigations and consultation with management.
Section 4. Union stewards may be released and may utilize up to 100 hours per year
to respond to:
1. An employee who is required to appear at a hearing related to a
grievance and or arbitration.
2. An employee who is or responding to a disciplinary action or
investigation.
3. An employee attending a pre-determination hearing.
The City grants the Union stewards, as a group, one hundred (100) hours per year,
without loss of pay to engage in representative activities as set forth in section 4. The one
hundred (100) hours may be transferred from steward to steward, provided the total for all
four (4) stewards does not exceed one hundred (100) hours. If the total hours used
exceeds one hundred (100), then stewards may be released without pay, but only at the
discretion of the department head (or designee), whose approval shall not be
unreasonably withheld and when releasing such employee does not adversely effect the
on-going day to day operations in any department.. Additional hours may be used, with
pay, when those hours are funded by "Union Time Pool" time.
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The CITY may stop the use of such time off if it interferes with productivity or manpower
needs. However, the exercise of such right on the CITY'S part shall not be arbitrary or
capricious, nor shall it allow the CITY to proceed in a manner that deprives the employee
of his or her right of representation.
Section 4. No employee shall engage in Union business while on duty except as
referenced in Section 3.
Section 5. The City Manager will grant the Union stewards combined leave, without
pay, for a total of twenty (20) days per year in order that they may attend conferences,
seminars and similar events or other union activities related to their representative
function provided the leave does not adversely effect the on-going day to day operations
in the any department.
Section 6. Stewards shall maintain and provide to the City a Union Business time-out
slip that shall be processed to show their accumulated hours used against the 100 hours
per year granted. The form for this purpose shall be attached hereto as an exhibit to this
agreement.
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ARTICLE 8
COLLECTIVE BARGAINING
Section 1. The membership of the bargaining unit shall be represented in collective
bargaining by the President of the Union or by a person or persons designated in writing
to the City Manager. 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 representatives of the Union for the purpose of negotiating with the City.
Such negotiations entered into with persons other than those defined herein, regardless of
their position or association with the Union, shall be deemed unauthorized and shall have
no weight or authority in committing or in any way obligating the Union. It shall be the
responsibility of the Union to notify the City Manager in writing of any changes in the
designation of any certified representative of the Union.
Section 2. No more than four stewards may participate in collective bargaining while
on duty, without loss of pay. Additional stewards or bargaining unit members may attend
while off duty or when on approved leave.
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ARTICLE 9
UNION TIME POOL
Section 1. Bargaining unit members may donate from one (1) to five (5) hours of
accrued vacation, sick leave or comp time to be banked and subsequently used to permit
designated Union stewards to engage in representative activity or training. All donated
time will be calculated, banked, and distributed on an hour-to-hour basis. A list of those
employees donating to this time bank shall be maintained by the Union, a copy of which
will be provided to the City Manager and Finance Director.
Section 2. Donations to the union time pool shall be solicited by the union during
ratification of the agreement. Donations shall be transferred from the employees
appropriate leave bank each year of the agreement during the month of January.
The City shall match the number of union time pool hours each year, at 50% of the
number of hours accumulated by the union.
Time pool hours shall roll over from one year to the next for the duration of the contract
period.
Union representation shall utilize the union time-out slip when using time pool hours.
Union time pool hours shall be utilized prior to the 100 hours provided for union leave
under Article 7, Union Representation.
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ARTICLE 10
BULLETIN BOARDS
Section 1. The Union shall be provided space on bulletin boards at each location so
designated by the City in the areas where unit employees normally are assigned to work
for the use of LOCAL 1227. These bulletin boards shall be used for posting Union
notices, signed by a Union officer but restricted to the following:
A. Notices of Union recreational and social affairs;
B. Notices of Union elections and results of elections;
C. Notices of Union appointments and other official Union business;
D. Notices of Union meetings.
E. Union newsletter On Track (may be unsigned)
Section 2. 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. The Union shall not post endorsements for candidates who are running for
office.
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ARTICLE 11
PROGRESSIVE DISCIPLINE
PURPOSE
1. The City is committed to recruit, train, and retain qualified employees who will
contribute to the City's mission.
2. The success of the City government in providing quality and efficient public
servIce directly correlates with appropriate employee conduct and performance.
Employee behavior that is positive and supportive of the goals of effective municipal
management is fully encouraged.
3. When an employee's conduct or performance is inconsistent with the needs and
goals of the City, disciplinary actions up to and including dismissal can occur.
Progressive discipline is suggested when circumstances support its use. In proper cases,
dismissal may immediately occur.
4. No employee shall be disciplined or discharged without just cause.
POLICY
1. Counseling and 'written reprimands should be utilized as an element to motivate
employees to choose behavior conducive to an individuals growth, development and most
importantly to insure the successful operation of the City and its services. However, in
certain circumstances punitive discipline actions will be necessary. There is no "fixed
formula" for discipline, management reserves the right and prerogative to make
disciplinary decisions based on repeated occurrences of varying incidents, past
performance or severity of the incident.
2. Although progressive disciplinary actions are encouraged when circumstances
support such use, the severity of misconduct and the circumstances shall determine the
nature of the discipline.
3. A number of factors should be considered in determining the appropriate level of
discipline to be taken at each successive step. Such factors may include time intervals
between offenses, effectiveness of prior disciplinary actions, insubordination, employee
willingness to improve, overall work performance and teamwork.
4. Certain misconduct is so contrary to the public interest that dismissal shall be the
only appropriate measure.
5. The level of misconduct may differ in individual cases from apparently similar
incidents. The City retains the right to treat each occurrence on an individual basis
without creating a precedent for situations that may arise in the future. This case-by-case
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method is designed to take individual circumstances and/or mitigating factors into
account. These provisions are not to be construed as a limitation upon the rights of the
City, but are to be used as a guide.
6. Disciplinary actions older than a two (2) year period shall not be referred to or
considered in any current disciplinary action, except for unlawful misconduct.
7. The failure of immediate supervisors to document and/or take disciplinary actions
for misconduct, or the failure to follow the completed disciplinary documents to
Personnel, shall serve as grounds for disciplinary action.
EXAMPLES OF MISCONDUCT
The following types of infractions, offenses or misconduct shall represent employee
noncompliance with rules, regulations, policies, practices or procedures of the City or the
Department or employee wrongs or offenses that violate permissible behaviors or are
specifically prohibited by law. The following are examples of violations that shall result
in discipline and the progressive discipline actions that may accompany the violations.
MISCONDUCT
1. Conduct unbecoming of a City employee. Conduct unbecoming a City employee
means: Employee behavior or actions on the part ofthe employee which hinder or
jeopardize the successful operation of the City, undermine teamwork and
cooperation among City employees, or undermine the public confidence in the
City or its employees.
2. Violations or disregard of City Safety Policy & Procedures, including:
a. Careless use of vehicles or equipment
b. Failure to use all safety restraints when riding in or operating a City vehicle
c. Failure to wear and or use prescribed uniforms or equipment
3. Abuse of Personnel Policies, including but not limited to:
a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism
b. Failure to notify Department and or Human Resources of current address and
telephone number within 10 calendar days of change
c. Failure to report any outside employment
4. Abuse of departmental procedures and work rules including:
a. Failure to provide name and official title to any person requesting same when
performing work related duties
b. Habitual extension of lunch period or break period
c. Habitually late for work without valid reason
d. Smoking in prohibited areas
e. Unauthorized solicitation, posting of material or non-productive behavior
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5. Documented failure of a supervisor to perform duties required of supervisory
employees including recommending and/or taking disciplinary actions when
necessary .
NOTE: This chart outlines the usual progression options for repeated occurrences of
misconduct. If serious misconduct or extreme misconduct has occurred previously, there
will be faster progressive action.
OFFENSE TYPE 1ST 2ND 3RD
OCCURRENCE OCCURRENCE OCCURRENCE
Misconduct Counseling Written Reprimand Suspension Without
Payor Dismissal
SERIOUS MISCONDUCT
1. Violation or disregard of City Safety Policy & Procedures, including:
a. Continued misuse of equipment or negligence resulting in injury to self others
or damage to City equipment or property
b. Horseplay potentially hazardous to life or property
c. Unauthorized use or unsafe operation of City property, equipment or vehicles
2. Abuse of Personnel Policies, including:
a. Threatening a co-worker or supervisor
b. Use of abusive language to or about an employee, co-worker, supervisor or the
public
c. Insubordination, meaning the failure to recognize or accept authority of a
supervIsor
3. Abuse of departmental procedures and work rules, including:
a. Sleeping on the job
b. Absent without calling in to department within one hour of shift start time
c. Disrupting or hindering departmental operations
d. Failure to work required overtime assignments, special hours, special shifts or
unavailability during stand-by status
e. Outside employment which conflicts, interfered or otherwise hampers the
performance of the employee in their City job
4. Inefficiency or Incompetence
The inefficiency or incompetence in the performance of assigned duties may result
in demotion or disciplinary action up to and including termination. Examples of
poor performance shall include failure to provide responsive, courteous, high
quality customer service or repeated failure to support team goals, and contribute
to team success.
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Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet
Standards" performance evaluation (rating of 1 or 2) shall be given follow-up evaluation
within 60 days of the "Does not Meet Standards: or :Partially meets Standards" initial
evaluation. More than one overall rating of "Below Standards" may subject the employee
to demotion or disciplinary action up to and including termination. It is the responsibility
of every employee to perform at a minimum level of "Meets Standards" {as outlined in
the Incentive Pay System Policy}.
The following chart outlines the progressive discipline options for three occurrences of
serious misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive discipline.
OFFENSE TYPE 1ST 2ND 3RD
OCCURRENCE OCCURRENCE OCCURRENCE
Serious Misconduct Written Reprimand Suspension Without Dismissal
or Suspension Payor Dismissal
Without Pay
EXTREME MISCONDUCT
1. Violations or disregard of City Safety Policy & Procedures, including
a. Failure to report an on-the-job injury or accident within 24-hours to the
immediate supervisor
b. Failure to report an employees' on-the-job injury to Risk Management within
24 hours and/or completion of necessary documentation
c. Fighting on the job or engaging in any intentional act which may inflict bodily
harm on anyone
d. Operating a City vehicle or equipment without a required and valid driver's
license
e. Failure to report the revocation or suspension of a driver's license when
employment involves driving
2. Abuse of Personnel Policies, including, but not limited to:
a. Possession of a firearm or concealed weapon on City property or while
performing official duties without written permission from the Department
Director (excluding law enforcement officers)
b. Gambling during work hours
c. Refusal to sign a disciplinary form
d. Suspension or revocation of any required job related license or certifications.
3. Abuse of departmental procedures and work rules, including:
a. Unauthorized personal use of City equipment or funds
b. Conducting personal andlor private business on City time; improper use of City
time for such activity
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c. Falsifying attendance records
d. Other department rules as communicated by director or supervisor
4. Illegal, unethical or improper acts, including:
a. Theft or removal of City property without authorization
b. Falsifying employment application or concealing information during pre-
employment screening or processing
c. Soliciting or accepting an unauthorized fee or gift or failure to comply with
Chapter 112, Florida Statute
d. Giving false information or failure or refusal to fully cooperate or provide full
truthful information in City initiated investigations
e. Possession, use or sale of illegal drugs, alcohol or prescription medication that
alters the employee's performance on the job or any confirmed positive drug test
f. Possession or use of alcohol while on duty; or reporting to work under the
influence of alcohol
g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program
h. Refusal to submit to a City required drug or alcohol test
i. Falsifying or attempting to falsify a City ordered drug test
j. Violating the City's Sexual Harassment policy through interaction with another
employee or a member of the public
k. Conviction of a felony (Including non-work related)
The following chart outlines the progressive discipline options for two incidents of
extreme misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive action.
OFFENSE TYPE 1ST 2ND
OCCURRENCE OCCURRENCE
Extreme or Suspension Without Dismissal
Unlawful Payor Dismissal
Misconduct
Note: The progressive discipline steps outlined above refer to the discipline options the
City may take. If such discipline is appealed to arbitration, the arbitrator is not bound in
any manner by such options and is free to independently determine the appropriate level
of discipline if the employee is found to have committed the offense.
PROCEDURE FOR DISCIPLINARY ACTION
1. When an immediate supervisor becomes aware of conclusive evidence of the need
for the employee discipline, he/she becomes responsible and shall investigate the
circumstances of the misconduct or lack of performance, prior to deciding upon the type
of disciplinary action to be recommended or taken. Documentation of the discipline
investigation or of the conduct shall be required on the part of the immediate supervisor
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in order to establish appropriate records. Human Resources will be available to assist in
such investigations. In cases where investigations of a more substantial nature are
required, the following types of administrative review shall be administered.
A. Administrative Review: Investigations of non-criminal violations conducted
in the absence of immediate or conclusive evidence involving any City employee, with
the exception of Police department employees. These investigations shall be conducted
by the Department Director and Human Resources, who shall obtain all sufficient
information, including documentation and/or sworn statements, in order to determine the
necessity or level of disciplinary action. Human Resources shall assume responsibility for
acquiring any necessary sworn statements. Administrative investigations shall be
conducted expeditiously.
B. Criminal Investigations: Investigations conducted when criminal violations
are reportedly committed by an employee of the City. The Police Department, in
collaboration with the Department Director of the involved employee shall conduct these
investigations.
1. In instances where an investigation of serious, unlawful or other extreme
misconduct is necessary, administrative and/or criminal investigations shall be conducted
prior to the effective date of final disciplinary action.
2. The immediate supervisor may initiate a three-day suspension or less suspension
with pay to afford a supervisor the opportunity to investigate an alleged incident or
misconduct in the absence of the employee. Suspensions of more than three days with
pay require the approval of the Human Resources Director. This practice may also be
used in the event that alleged misconduct is severe but unproved. The immediate
supervisor shall immediately notify the Department Director and Human Resources after
the suspension is issued, so that the matter can be investigated.
3. A recommendation for disciplinary action may result from the findings of an
investigation. If disciplinary measures are not recommended after the investigation, the
suspension with pay period shall not be counted as disciplinary in nature. A document
confirming a favorable determination as to the matter should be made part of the
employee's record.
TYPES OF DISCIPLINARY AmON
A. COUNSELING - Consists of the immediate supervisor warning the employee to
correct or improve performance, work habits or behavior, and counseling the employee
on improvements expected. Counseling serves as a warning against further repetition of
employee behavior. Future violations will result in discipline up to and including
termination.
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The immediate supervisor should complete a Counseling Memorandum. The employee
shall be required to sign the form signifying that helshe has read and discussed the
contents with the supervisor.
The Counseling Memorandum shall be forwarded to Human Resources for retention in
the employee's records, with a copy provided to the employee. The supervisor may
request that the employee complete a written action plan to correct the behavior.
Employees may submit comments for inclusion in the record.
B. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a
written notice of reprimand to improve performance, work habits or behavior. A written
reprimand should include a complete description of the incident(s) of misconduct,
inappropriate behavior, work habits or performance which require improvements;
previous records of discussion; a time frame within which the employee must correct or
improve his/her behavior; and a warning that future violations will result in further
disciplinary actions up to and including termination.
Written reprimands shall be signed by the employee to acknowledge receipt and
forwarded to Human Resources for retention in the employee's records, with a copy
provided to the employee. Employees may submit comments for inclusion in the record.
The employee may be required to complete a written plan for correction of the behavior.
When the written reprimand contains a time frame for employee improvements, a follow-
up discussion at the end of the designated time period should be conducted. The follow-
up discussion will provide a specific opportunity to review the employee's improvements
relative to the discipline. Written reprimands should be reflected on the employee's
performance appraisal along with any noted improvements.
C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited
from returning to work until the specified period of suspension has passed or the
forfeiture of vacation time, if agreed to by the employee.
Suspensions without pay shall be used when an employee is removed from the job due to
extreme misconduct or unlawful behavior, or when instances of progressive discipline
supports a suspension without pay for a specified period of time. Any time an employee
is suspended for discipline the suspension shall be without pay.
1. With the written authorization of the Department Director and Human Resources,
immediate supervisors have the authority to issue a suspension without pay for three (3)
working days or less.
2. Suspensions without pay beyond three working days require prior concurrence by
Human Resources, review by the City Attorney's Office and authorization by the City
Manager's Office.
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City Of Boynton Beach
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3. Employees being suspended without pay shall be notified in writing by the
immediate supervisor. The written notification shall consist of the reason for the action
and the duration of the suspension without pay. It shall also include a statement that
future violations will result in further disciplinary actions up to and including termination.
4. Employees may submit comments for inclusion in the record. Written notification
of a suspension shall be signed by the suspended employee acknowledging receipt of the
\\-Titten notification, and forwarded to Human Resources for inclusion in the employee's
record, with a copy provided to the employee, the Department Director, and one to the
Finance Department for payroll purposes.
D. DEMOTIONS - In the context of this policy demotion consists of an employee
being involuntarily removed from a higher level classification to a lower level
classification, with a resulting decrease in salary. Although not limited to such instances,
demotions may occur in some cases because of the inability to fulfill the duties of the
higher level job in a satisfactory manner; or a failure to comply with employment
conditions such as licensure or certification. In addition, probationary employees shall be
subject to demotion without the City being required to state a reason. The probationary
employees shall not have access to any appeal process with regard to the demotion.
Immediate supervisors should discuss the potential demotion of an employee with their
chain of command and the Human Resources Department prior to a written
recommendation for demotion. The Department Director shall then submit the written
recommendation to the City Manager through Human Resources. Demotions require
concurrence from Human Resources, review by the City Attorney's Office and
authorization from the City Manager prior to being effected.
Written notification of demotions shall be provided to the employee by the department
Director. Such notices shall include the final decision, the reason(s) for the decision, the
employee's new classification title, the new pay range and pay rate, and the effective date
of the demotion. Written notifications shall also include that future violations will result
in further disciplinary actions up to and including termination if the demotion was a result
of misconduct.:.
All documentation of a demotion shall be retained in the employee's file in the Human
Resources Department. A copy of the written notification of demotion shall be forwarded
to the Finance department for payroll purposes.
Employees may request a demotion to a lower level classification voluntarily. Such
demotion shall not be punitive. Employees may submit comments for inclusion in the
record. Written notification of a demotion shall be signed by the employee
acknowledging receipt of the written notification and forwarded to Human Resources for
inclusion in the employee's record.
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City Of Boynton Beach NCF&O/SÉIU Local 227
OS/27/04
E. DISMISSAL - Dismissal is a result of an employee's involuntary termination that
severs the employment relationship. At such time all employee benefits cease, except as
otherwise provided by law.
Immediate supervisors shall supply through documentation and discuss recommendations
for an employee's dismissal with their chain of command and Human Resources. Upon
receiving a written recommendation from the supervisor, the Department Director shall
submit the documentation to Human Resources. Dismissals shall be effected only with
the concurrence of Human Resources, review by the City Attorney's Office and
authorization by the City Manager.
A \\iTitten notice of recommended termination shall be given to the employee in person.
However, after two unsuccessful attempts to deliver the notification, then the notice shall;
be sent via US mail to the most recent address on record in the personnel file. The
recommendation shall include the following information:
1. The underlying reasons for the recommended termination
2. Documentation upon which the Department Director relied in formulating
said recommendation
3. An explanation of his/her rights to request a predetermination hearing
prior to termination taking effect and the facts that the decision to
discipline of the City Manager shall be final subject to grievance and
arbitration as provided for in Article 10 of this Agreement.
The dismissal recommendation and the City Manager's final decision shall be placed in
the employee's personnel file, and a copy shall be forwarded to the employee and his/her
Department Director. Employees may submit comments for inclusion in their personnel
file.
Probationary employees who have not successfully completed the established
probationary period shall be subject to dismissal without cause, after review by Human
Resources.
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City Of Boynton Beach NCF&O/SEI Lotal 1 27
05/27/04
RIGHT TO PRE-DETERMINATION HEARING
Prior to the effective date of any suspension without pay of three (3) days or more, or a
termination, the City shall conduct a predetermination hearing. The Human Resources
Director and the City Manager's designee shall conduct the predetermination hearing.
The employee shall be provided with reasonable notice of the predetermination hearing
date and of the charges which are the grounds for the disciplinary action. The employee
may be accompanied and assisted at the predetermination hearing by a representative of
his choice. The employee shall be afforded the opportunity to present information in
defense or mitigation to the charges brought against the employee. Following the
predetermination hearing, and any further investigation into issues raised by the employee
in defense or mitigation of the charges, the Human Resources Director and the City
Manager's designee shall sustain, reverse, or modify the disciplinary action and give the
employee written notice of their action and at the same time establish the suspension or
termination date(s) if appropriate.
EMPLOYEE APPEALS - GRIEVANCES
1. Probationary employees shall not have the right to appeal or grieve any type of
disciplinary action.
2. Regular employees shall have just cause appeal and grievance rights as outlined in
Article 12 of this Agreement.
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City Of Boynton Beach NCF&O/SEIÚ Loc¿11227
OS/27/04 ¡J~
ARTICLE 12
GRIEVANCE PROCEDURES
Section 1. A grievance is defined as a dispute or disagreement involvmg the
application or interpretation ofthis 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.
Section2. No employee or group of employees may refuse to follow directions
pending the outcome of a grievance except where safety would be jeopardized.
Employees in the bargaining unit will follow all written and verbal directives, unless the
employee has an objective basis to believe that his/her health and safety is threatened.
Compliance with such directive will not in any way prejudice the employee's right to file
a grievance within the time limits contained herein, nor shall compliance affect the
ultimate resolution of the grievance.
The parties agree that the grievance procedure shall be the sole and exclusive method for
resolving any dispute involving the application or interpretation of the Agreement.
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 withdrawn. Failure by management to observe time limits for any step ofthe
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. GREIV ANCE PROCEDURE STEPS
Step 1. a) Within five (5) working days of the incident or the time which the
employee had knowledge of the incident, the employee may initiate a written complaint
with his/her Department Director or during regular working hours the employee may elect
to have a Union steward present the grievance to the Department Director. The written
complaint will include a description of the action requested and the basis for the request.
b) Within five (5) days of receiving the written complaint the Department Director will
contact the aggrieved employee and schedule a meeting within five (5) days to discuss the
matter. c) Within five (5) days of the meeting, the Department Director shall respond in
writing to the employee with the decision.
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City Of Boynton Beach NCF&O/SEIU Local 1227
OS/27/04
The written grievance should state the following:
A. Statement of the grievance and the facts upon which it is based.
B. The Article(s) and Section(s) of 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.
E. A statement indicating the grievance is a class action grievance.
F. A statement identifying the positions of the class of workers affected.
Step 2. In the event the employee is not satisfied with the disposition of the
grievance by the Department Director, a) the employee shall have the right to appeal
the decision to the Human Resources Director within five (5) days of the date of
receipt of the Department Director's decision. b) Within five (5) days of receipt of
the grievance, the Human Resources Director will contact the aggrieved employee
and schedule a meeting within five (5) days to discuss the matter. c) The Human
Resources Director or designee shall respond in writing to the employee within five
(5) days of the meeting.
Step 3. When a grievance/disciplinary appeal ifnot settled under the forgoing
steps of the grievance procedure, the employee or the Union, within twenty (20) days
of such decision or termination, may refer the dispute to an impartial arbitrator from
the pre-selected panel of arbitrators appointed by mutual agreement of the parties.
The arbitrators shall be appointed with the understanding that the hearing on the
matter appealed will be heard within ninety (90) days following appointment. Either
party shall not utilize court reporters and/or written briefs. The arbitrator shall make a
final and binding ruling immediately following the hearing.
The City and the Union agree that within thirty (30) days after the ratification of this
Agreement to select a panel of six (6) arbitrators from the Federal Mediation and
Conciliation Service (FMCS). The City shall select three (3) arbitrators and the Union
shall select three (3) arbitrators. These arbitrators, once selected shall hear grievances
on a rotating basis, beginning in alphabetical order of the arbitrator's sir name.
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 the decision solely
to the issue of interpretation or application of the Agreement presented. The decision of
the arbitrator on any matter within his/her jurisdiction shall be final and binding on the
Union, the City and the employee covered by the Agreement.
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a. The City and the Union agree to share all information each party will present to
the arbitrator no later than ten (10) days prior to the date ofthe arbitration, even if
such information was accumulated after the final grievance step or after the
terminated employees' pre-determination hearing.
Section 6. The hearing shall not be formal and the strict rules of evidence shall not
apply.
Section 7. The parties shall divide the arbitrator's fee and expenses equally. In the
event of a settlement, the arbitrator's fee and expenses shall be born equally by the
parties, unless they agree otherwise.
Section 8. The term "day" shall mean, calendar day, Monday through Friday,
exclusive of holidays recognized by this Agreement.
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City Of Boynton Beach NCF&O/SEIU Loca11227
OS/27/04
ARTICLE 13
BASIC WORK WEEK AND OVERTIME
Section I. The basic workweek shall consist of forty (40) hours, unless otherwise
specified. The City Manager will establish and may change the basic workweek 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.
Section 2. All authorized and approved work performed in excess of forty (40) hours
in anyone 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 day shall receive overtime for hours worked actually in
excess of forty (40) hours.
Section 3. The working conditions of employees covered by this agreement, which
may differ from department to department, shall remain status quo for the term of this
agreement.
Section 4. For purposes of overtime computation vacations, holidays, personal leave
~, and the employee's use of sick leave shall be considered as time worked. Funeral
leave, 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 5. OVERTIME. Overtime shall first be offered on a rotating basis in order
of seniority within each classification. The parties agree that when employees are asked
to work overtime and management contacts the appropriate employees from the seniority
list, the second employee contacted must accept the overtime assignment unless the
employee has a hardship or the employee and supervisor mutually agree to continue down
the seniority list of employees.
In the event an employee is required to work overtime, he/she shall not have his regular
shift hours changed nor shall he/she be placed in a non-paid status in order to preclude the
payment of overtime.
Supervisors shall provide no less than two (2) hours advance notice to employees prior to
the assignment of unscheduled, mandatory overtime unless circumstances prohibit such
advance notice, in which case, the employer shall give as much notice as is reasonably
possible.
Section 6. Shift Bidding and Posting. Employees who work in departments within
the City in classifications that are covered by more than one shift shall be allowed to bid
~!) 29
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City Of Boynton Beach NCF&ŒSEIU Local 1227
05/27/04
shifts, which shall be granted by seniority once each year to be completed by January 31 st.
Should management have a compelling operational need, they may designate the number
of A-Class workers (those with five or more years of experience) and the number of B-
Class workers (those with less than five years of experience) required to work on each
shift so that a balance of experience may be achieved for each shift. Employees shall
have an opportunity to give input on the development of their shifts.
Section 7. This article, effective as of the ratification date by the Commission, is not
retroactive.
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City Of Boynton Beach NCF&O/S IU Local 1227
OS/27/04
ARTICLE 14
COMPENSATORY TIME
Section 1. Employees may accrue and use compensatory time in lieu of overtime pay
when the employee works in excess of forty hours in a workweek.
Section 2. Compensatory time will be accrued and used at the same rate the overtime
rate would be paid. The compensatory time must be used within sixty (60) calendar days
of the pay period in which it was earned or be paid at that time.
Section 3. The City reserves the right to convert any accrued compensatory time
hours to pay at its sole discretion, once the sixty (60) days has passed.
Section 4. It is solely the employee's 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.
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City Of Boynton Beach NCF&O/SEIU Local 1227
05127/04
ARTICLE 15
WAGES
Section 1.
a) Effective October 1, 2003, bargaining unit employees shall receive a 3% market
adjustment added to base wage.
b) Effective April 1, 2004 bargaining unit employees shall receive the following
Performance Evaluation wage increases added to base wage:
1. Performance evaluation score is 1.0 to 1.9 (needs improvement) the
percentage wage increase shall be equivalent to the score.
11. Performance evaluation score is 2.0 (meets standards) to 3.0(exceeds
standards) the percentage wage increase shall be 3%.
lll. Performance evaluation score is above 3.0 to 4.0 (exceeds standards) the
percentage wage increase shall be equivalent to the score.
IV. Performance evaluation score is below 1.0 (needs improvement) No wage
increase will be applied.
c) An employee that is at the maximum salary range shall receive the market adjustment
increase and the Performance Evaluation wage increase, if applicable, added to base. As a
result of this wage adjustment employees who were at maximum of salary range and who
will now be outside the official pay range will be redlined. These employees will remain
redlined until a pay plan study is completed and adjustments made to bring such
employees back into the official pay range.
Section 2. The April 1 Performance Evaluations and re-evaluations at each sixty (60)
day period as outlined below shall be completed in a unbiased and fair manner.
Justification for all performance evaluation scores "exceeding standards" or "needs
improvement" must have been previously provided to the employees being evaluated.
The rater must refrain from the "halo effect" scoring of employees.
a) An employee who does not receive "meet standards" score on hislher
performance evaluation shall be given a written document with instructions on
what is required to achieve a "meet standards" score and shall be re-evaluated
in sixty (60) calendar days.
b) If the employee receives a "meets standards" score at the end ofthe sixty (60)
day re-evaluation, he/she shall receive the wage increase according to Section
1 and 1 ii. or 1 iii. of this article, effective on April 1, 2004.
c) An employee who does not achieve a "meets standards" score at the end of the
sixty (60) day re-evaluation period he/she shall be allowed a second sixty (60)
day re-evaluation period.
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City Of Boynton Beach NCF&O/SElU Local 1227
OS/27/04
If the employee does not receive a "meets standards" score at the end of the
second sixty (60) day evaluation period Section Ii. or liv. of this article shall
apply.
If at the end of the second sixty (60) day re-evaluation period the employee
achieves a "meets standards" score he/she shall receive the wage increase
retroactive to the date of the first sixty (60) day evaluation period in
accordance with Section Iii. or liii. of this article.
Section 3. The City will inform the bargaining unit of any re-classifications of
bargaining unit positions prior to the final effective date of the re-classification.
Section 4. A Labor Management Committee (LMC) consisting of four (4) bargaining
unit representatives (2 blue-collar and 2 white-collar) and four (4) representatives from
the City, shall meet no later than thirty (30) days from the date ofthe ratification of this
Agreement. The LMC will work to resolve matters to prevent grievances and will provide
input into the continued improvement of the existing Performance Evaluation system to
ensure bargaining unit members receive fair and objective evaluations that appropriately
reward their performance.
33
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City Of Boynton Beach NCF&O/SEIU Local 1227
OS/27/04
ARTICLE 16
PROMOTIONS, RECLASSIFICA TIONS,TRANSFERS AND DEMOTIONS
Promotion and Re-classifications
Section 1. When an employee is advanced to a position in a higher classification
level, the employee will be placed within the appropriate classification level that will
provide a daily rate increase as follows:
a. Promotion or re-class from non-exempt to exempt:
(+ 10% of mid point of the new grade or to minimum of grade level whichever is
greater).
b. Promotion or re-class of one grade:
(+5% of mid point of new grade or to minimum of new grade whichever is greater).
c. Promotion or re-class of two grades:
(+7.5% of mid point of new grade or to minimum of new grade whichever is greater).
d. Promotion or re-class of three or more grades:
(+ 1 0% if mid point of new grade or to a 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 the position classification.
Transfers and Demotions
Section 1. 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.
Section 2. When an employee transfers to a lower position or accepts a voluntary
demotion, the employee shall suffer no loss of pay unless the employees' 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 employees' hourly rate shall be
reduced only to the maximum rate of the lower scale.
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City Of Boynton Beach NCF&O/SEIU Loc 11227
OS/27/04
Demotions that are punitive in nature shall cause the employee to be placed on the salary
scale as follows:
a. Demotions from exempt to non-exempt:
(-10% of mid point of new grade or to minimum of new grade level
whichever is greater)
b. Demotion of one grade:
(- 5% of mid point of new grade or to minimum of new grade whichever is
greater
c. Demotion of two grades:
(- 7.5% of mid point of new grade or to minimum of new grade whichever
is greater)
d. Demotion of three or more grades:
( -10% of mid point of new grade or to minimum of new grade whichever
is greater)
if) 35
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City Of Boynton Beach NCF&O/SE U L'oca 1227
05127/04
ARTICLE 17
STANDBY AND CALL BACK PAY
Section 1. STANDBY PAY - In order to provide coverage for services during off-
duty hours, it may be necessary to assign and schedule certain bargaining unit employees
to standby beeper duty. A standby beeper duty assignment is made by a department
director or his/her designee who requires an employee on his/her off-duty time, which
may include nights, weekends or holidays, to be available to perform his normal daily job
function during off hours, due to an urgent situation. Employees placed on Stand-by who
are assigned a take home vehicle according to the department's rotation list shall be
assigned a take-home vehicle appropriate for the completion of the task required of the
employee should he/she be called back to work. The employee shall receive one hours
pay at the overtime rate for each day or portion thereof that they are assigned standby
beeper duty.
Section 2 CALL BACK PAY - 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 Y2) times his/her basic hourly rate of pay when such callback is between the
hours of 800 a.m. and 12:00 p.m. (midnight), and shall receive a minimum of three hours
at the rate of one and one-half (1 Y2) 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 3. This article, effective as of the ratification date by the Commission, is not
retroactive.
36
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City Of Boynton Beach NCF&O/SEIU Local 12 7
OS/27/04
ARTICLE 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 ofthe 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 from 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 payor 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 ofthe declared emergency, also shall be credited with eight (8) hours of
pay at their regular straight-time rate of payor 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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City Of Boynton Beach NCF&O/SEIU Local 1227
OS/27/04
ARTICLE 19
CERTIFICATION PAY
The City shall pay $500.00 for each certification or license as determined and agreed
upon by the employee and the department head. The City shall also pay the actual
certification or license fee.. This provision shall not operate to reduce certification
incentive pay policies currently being implemented by departments. Bargaining unit
members who participate in departmental certification pay programs are not entitled to
participate in the program set forth herein.
A pre-determined list of job related certifications or licenses will be developed through
the labor/management committee and attached to this article as an exhibit and shall be
developed no later than sixty (60) days from ratification of this agreement.
This article, effective as of the ratification date by the Commission, is not retroactive.
~ 512-8/01.{ 38
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City 0 oynton Beach NCF&O/S IU Local 1227
05/27/04
ARTICLE 20
EMPLOYEES ASSIGNED TO TRAINING DUTIES
Employees who are assigned to train another employee who is new to a position, 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.
This article, effective as of the ratification date bv the Commission, is not retroactive.
~ 39
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OS/27/04
ARTICLE 21
WORKING IN A HIGHER CLASS
Section 1. 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.
Section 2. Employees shall be required only upon written memo from their
supervisor to perform work in a higher classification for training purposes. In this
connection, they shall perform that work without a 5% increase in pay during the first
twenty (20) days of continuous work in such higher classification. Should such training in
the higher classification continue beyond twenty (20) continuous work days, the
employee shall receive a 5% increase in payor the minimum of the higher classification,
whichever is greater, retroactive to the first day of the assignment, until returned to their
regular classification.
Section 3. This article, effective as of the ratification date by the Commission, is not
retroactive.
Jb 40
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City Of Boynton Beach NCF&O/SE U Local' 227
05/27/04
ARTICLE 22
SICK LEAVE
Section 1. An employee shall notify his/her immediate supervisor or the supervisor's
designee in a manner provided for by management of his/her illness within one (1) hour
after his/her normal workday 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 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 that is determined in writing by a physician to be
necessary and must be performed during working hours.
C. Quarantine due to exposure to contagious disease.
D. In connection with Worker's 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 hislher sick leave account. The sick leave cash out may not exceed ninety (90)
hours and the employee must retain a minimum of eighty (80) sick hours on the
books. Denial of sick leave pay will be made in writing stating the reasons for the
denial. Employees may take advantage of this provision once during each year of this
agreement.
Section 3. Employees shall accrue sick leave at a rate of 96 hours per 12-month
period or eight (8) per month. No employee shall be entitled to use sick leave in excess
of the amount of such leave accumulated. Employees may accumulate a maximum of
1040 sick leave hours. All unused hours shall be paid out at 50% upon termination of
employment with the City. Any accrued but unused sick leave hours beyond 1040 shall
be transferred into the employee's Personal leave bank at one for one. Personal Leave
hours may be utilize as necessary. Any unused Personal Leave hours may be cashed in
upon termination with City on a two (2) to one (1) basis, or the full value of the hours
may be used to purchase health care benefits should the termination be due to normal or
disability retirement.
Section 4. An employee making a departmental transfer will retain any unused sick
leave.
Section 5. Employees who have attained non-probationary status and are regular
employees will have payment made for unused sick leave, for up to 1040 hours, at the
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City Of Boynton Beach NCF&O/SE U Lòcal· 227
05127/04
rate of 50% of the total number of hours accumulated, but not taken, upon termination in
good standing, or retirement or death.
(Retirement shall include normal retirement, disability retirement, or early retirement as
defined in the appropriate Pension Plan).
Section 6. Employees may request, and be covered by the provisions of the Family
Medical Leave Act.
Section 7. Sick Leave Donations
(1) It shall be the policy of the City to permit an employee who has a minimum of
120 hours sick leave the opportunity of donating accrued sick leave time to a
designated employee whenever extraordinary circumstances reqUire the
designated employee to be absent from work for a lengthy period of time (workers
compensation leave time excluded), and when the 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, 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 Human Resources Department for proper charge to their sick leave records.
Section 8 Restricted Sick Leave
No member may be placed on restricted sick leave unlessß pattern of sick leave abuse is
present and the employee has had a counseling session with his/her Director or
Department Head. During that counseling session, the employee will be informed of the
reasons being considered for restricted sick leave. At that time, the employee will be
given an opportunity to explain the sick leave taken.
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.
During the initial ninety (90) day restricted sick leave period, if there is a violation of the
restricted sick leave policy, progressive discipline shall be applied and the employee will
be placed on another ninety (90) day period of restricted sick leave beginning on the date
of the policy violation. For each successive restricted sick leave violation the employee
shall be placed on restricted sick leave for an additional ninety (90) day period and shall
be subject to further progressive discipline up to and including termination.
Section 9 This article, effective as of the ratification date by the Commission, is not
retroactive.
42
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City Of Boynton Beach NCF&OfSEIU Locál1227
05/27/04
ARTICLE 23
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 Worker's Compensation Act, he/she shall be entitled to full regular pay.
If the period of disability is greater than 7 calendar days, the employee shall receive a sum
of money up to an amount equal to the difference between his/her worker's 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 the 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 workers' compensation
benefits equal his/her regular weekly net take home salary. The employee must contact
the payroll clerk to qualify for the combined check.
It is incumbent on the employee to make application for disability in accordance with
their pension plan and the insurance plan they are covered under. Failure to do this
automatically cancels the additional City benefits.
If the appropriate disability plan denies the claim, the additional City supplement benefit
will be canceled. If the appropriate disability plan accepts the claim, the salary
supplement will be canceled after issuance of the disability pension check or at the end of
the time duration outlined above, whichever comes first.
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, helshe will be obligated to reimburse the
City for all medical expenses and supplement, sick or vacation pay taken and shall be
subject to dismissal.
43
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City Of Boynton Beach NCF&O/S IU Local 1227
OS/27/04
ARTICLE 24
LIGHT DUTY
Employees may return to work with a Light Duty Certificate and/or letter from their
physician provided there is work available within the City 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 return to work from his/her doctor.
44
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City Of Boynton Beach NCF&O/SEIU Local Ý227
05/27/04
ARTICLE 25
V ACA TION
Section 1 Each full time employee shall earn vacation leave as follows:
Years of Service Vacation Days Vacation Hours
1 Years 10 80
2-3 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
10-15 Years 22 176
16-20 Years 24 192
21 Years & After 25 200
Section 2 Vacation leave may be taken as earned subject to the approval of the
Department Head who shall schedule vacations 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 ninety (90) hours of vacation for emergencies or
extraordinary cases of hardship if the employee has the time accrued in hislher account
provided, however, the combined cash out of sick and/or vacation time in anyone
contract year shall not exceed ninety (90) hours. The employee may take advantage of this
provision once during each year of this Agreement. In order to take advantage of this
provision, the employee must retain a minimum of forty (40) hours in their annual leave
bank.
Section 3 This article, effective as of the ratification date by the Commission. is not
retroactive.
45
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City Of Boynton Beach NCF&O/SEIU Local 1 27
05/27/04
ARTICLE 26
BONUS DAYS
INTENT
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
1. 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.
2. Bonus days shall be counted as vacation leave and subject to the provision set
forth for use of vacation.
~ S}7¿q 46
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City f Boynton Beach NCF&O/SEIU Local 1227
05127/04
ARTICLE 27
HOLIDAYS
Section 1. The following holidays shall be observed for employees in the bargaining
unit:
New Year's Day Martin Luther King, Jr. Day
President's Day Memorial Day
Independence Day Labor Day
Veteran's Day Thanksgiving Day
Day after Thanksgiving Christmas Eve
Christmas Day
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 then (10)
hours of pay. In all events, where the employee is scheduled off for the holiday, the
employee is scheduled on during a holiday, the employee shall be paid their regular rate
of pay for working the holiday (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, or on the actual calendar day of the holiday but not both, shall receive
time and one-half (11/2) their regular rate of pay for all hours worked in addition to that
payment provided in Section 2.
Section 4. Employees on vacation, annual military leave, jury duty, sick leave,
funeral leave, and other absences from duty, but on active pay status on the day the
holiday is observed must use the holiday on the same day that it is earned. Holidays that
occur during vacation leave shall not be charged against such vacation leave.
Section 5. Holidays falling on a Saturday shall be observed the preceding Friday.
Holidays falling on Sunday shall be observed the following Monday.
4/ß 47
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City Of Boynton Beach NCF&O/SEIU ocal 227
05127/04
ARTICLE 28
FUNERAL 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 state 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.
48
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City Of Boynton Beach NCF&O/SÉIU L6cal1227
OS/27/04
ARTICLE 29
MIL IT ARY 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.
Section 2. 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.
Section 3. The City agrees to provide to bargaining unit members those benefits
included in the Administrative Policy Manual (APM) Policy Number 06-06-06.
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City Of Boynton Beach
05/27/04
ARTICLE 30
LEAVE OF ABSENCE
Section 1. 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 that 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.
Section 2. 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.
Section 3. The City shall comply with the Family and Medical Leave Act (FMLA)
when granting a leave of absence under this Article.
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City Of Boynton each
05/27/04
ARTICLE 31
UNAUTHORIZED ABSENCE FROM WORK
Section 1. A bargaining Unit Member who is absent from work without authorized
leave for a period of more than three days shall be deemed to have abandoned his or her
job and shall be separated from employment with the City. Separation of this type shall
not be considered a disciplinary separation.
Section 2. However, a bargaining unit member who is absent from work without
authorized leave for a period of not less than 3 days or more than 30 days, but who was
physically unable to notify his/her employer or have another person notify his/her
employer shall not be deemed to have abandoned his or her job and shall not be separated
from employment with the City. Under these circumstances the Director, Human
Resources must be provided with details of the absence and he/she must determine if just
cause exists.
51
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City Of Boynton Beach NCF&O/SEIU Local 1227
05/27/04
ARTICLE 32
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 helshe 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, helshe 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 that helshe receives for jury duty or
as a witness with the City Finance Department for those days that coincide with hislher
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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City Of Boynton Beach
OS/27/04
ARTICLE 33
SENIORITY & LAYOFF & RECALL
For the purpose of this Contract, "seniority" shall be defined as the employee's length of
continuous service with the City of Boynton Beach. The City and the Union recognize
the value of an experienced workforce and agree that an employee's seniority shall be
considered along with the needs of the City, when affecting decisions on vacations,
promotions and shifts.
Employees shall lose their seniority for the following reasons:
a. Termination
b. Retirement
c. Resignation
d. Layoff exceeding the period of recall
e. Unexcused absences for three (3) or more days
f. 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.
g. Failure to report from military leave within the time prescribed
Layoff and recall ?f employees shall be handled in the following manner;
a. The City Manager may lay-off any employees in the bargaining
unit whenever such action is made necessary because of shortage
of work or funds, the abolition of a position or changes in the work
force.
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. Layoffs 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 employees who are in any
equivalent or lower classification for which the bumping employee
53
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City Of Boynton Beach NCF&O/SEIU Local 1227
05/27/04
is eligible for or for which he qualifies by meeting the requirements
as set forth in the job description.
d. Laid-off employees also shall have the right 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 employee may pass or accept
placement into any such open position for a period of one year.
e. 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.
f.. Employees may also choose to accept the lay-off at the time of the
initial lay-off and receive a severance package of nine weeks 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.
g;- 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.
lr. 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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City f Boynton Beach
05127/04
ARTICLE 34
JOB POSTING AND BIDDING
POLICY
Job vacancies may occur which require recruitment efforts in order to fill a vacancy. This
policy establishes that posting of job vacancies are required to ensure that equal
employment opportunity recruitments are consistently attained for all regular status
positions.
BASIC REQUIREMENTS
1. No job shall be filled until the position has been posted for a period no less than ten
(10) calendar days.
2. Job po stings shall be on official bulletin boards, designated by the Human Resources
Department.
3. Hiring procedures, such as form of application, background check, interviews, and
examination, shall be established by the Human Resources Department and may be
amended from time to time as appropriate. Copies of current hiring procedures shall
be made available for inspection in the Human Resources Department.
4. The City shall make every effort to fill open bargaining unit positions within sixty
(60) days of the position becoming vacant, except in the last quarter of the fiscal year.
APPLICATION PROCEDURE
1. When a job vacancy occurs for any position, the Department Director shall submit an
Employee Requisition Form to the Human Resources Department. The submission of
the Employee Requisition Form begins the recruitment process. Any particular
emphasis desired of duties for that job must be indicated on the Employee Requisition
Form.
2. Upon receipt of the Employee Requisition Form, Human Resources will prepare and
distribute a notice of the position vacancy called a "Job Opportunity". Job
Opportunities shall be dated and posted for a minimum of ten (10) calendar days.
3. Unless otherwise indicated by Human Resources, job postings will be without an
established Closing Date.
4. Job Opportunities shall contain information such as position title, salary range,
closing date (if indicated), and minimum requirements inclusive of education and
experience, among other things.
5. Advertising of Job Opportunities will be made available to current City employees by
posting or publication and to the general public and will be coordinated by the
Human Resources Department at the same time.
6. If a Closing Date has been established and no applicant is recommended for
employment from the pool of applicants who applied prior to a Closing Sate, the
posting procedure may be commenced again at the discretion of the Department Head
with the approval of the Human Resources Director.
~ 55
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City Of Boynton Beach
05/27/04
7. Temporary or seasonal positions do not require job postings due to the nature of the
employment relationships which is intended to be of a temporary or seasonal duration,
and which has no benefits attached.
~ú) 56
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City Of Boynton Beach NCF&O/SEIU Local 1227
05/27/04
ARTICLE 35
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. The City has and will
maintain a safe and healthy working environment for bargaining unit employees.
Section 2. During the term of this agreement, employees who are so designated by
the Safety Committee will receive a shoe stipend each year for safety shoes/boots as
follows:
10-01-03/04 $175.00
The City Safety Committee will be responsible for deciding which positions require the
wearing of safety shoes/boots based on the OSHA standards and recommendations.
Management shall determine the type and quality of each shoe.
Employees may utilize the shoe allowance to purchase as many pairs of shoes that they
believe they will require in a year. Employees may purchase all the shoes at once or they
may purchase the shoes one pair at a time. The employee must present a receipt to his/her
supervisor to be reimbursed for the shoes up to the total amount of the shoe stipend
provided by the City each year. Any portion of the annual allowance not utilized by the
employee will be paid to the employee during the last paycheck of the fiscal year.
The City shall provide specialty shoeslboots as necessary, at no cost to the employee,
such as Di-electric boots or after documentation from a physician indicating a medical
condition exists.
Section 3. The City shall make available immunization shots for tetanus, hepatitis,
and diphtheria for all members of the bargaining unit as requested on a voluntary basis.
Section 4. This article, effective as of the ratification date by the Commission, is not
retroactive.
~ß ~ 57
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City Of Boynton Beach NCF&O/SEIU Local 1227
OS/27/04
ARTICLE 36
INSURANCE
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 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 ofthe 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 from the insurance committee.
J/ß 58
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City Of Boynton Beach NCF&O/SEIU Local} 27
OS/27/04
ARTICLE 37
PERSONNEL FILES
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).
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 himlher of such a
request. Consistent with State law, the City agrees that upon request, a member shall
have the right to inspect his/her own personnel records and shall have the right to make
one duplicate copy of his/her records at no expense. Additional copies may be obtained at
the employee's 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.
¥ß 59
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City Of Boynton Beach NCF&O/StIU Éocal1227
05/27/04
ARTICLE 38
TUITION REIMBURSEMENT
The City agrees to provide to bargaining unit members those benefits included in
Administrative Policy Manual (APM) Number 04-01-03, Tuition Assistance Program.
See Exhibit Attached.
60
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City Of Boynton Beach NCF&O/SEIU ocal1227
OS/27/04
ARTICLE 39
GENERAL PROVISIONS
Section 1. The City and the Union agrees to share in the cost of reproducing this
Agreement, except that the parties agree to provide the contract through the internet
during the term of this agreement. The City will make the Agreement available on the
City's Shared Drive.
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 no 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 employee shall be allowed to place written refutations and or
responses into their personnel file and/or departmental work file when those refutations or
responses relate to material placed into the personnel file that has been prepared by
supervIsors.
Section 4. The City's Human Resources Department maintains a personnel file for all
City employees. Consistent with State law, the City agrees that upon request, a member
shall have the right to inspect hislher own personnel records and shall have the right to
make duplicate copies of hislher records at no expense. The City may destroy personnel
files in accordance with appropriate Florida State Statues. The employee file maintained
by the Human Resources Department shall be the official file for each employee.
Except for unlawful misconduct, disciplinary actions older than a two (2) year time frame
shall not be referred to or considered in any current disciplinary action.
Section 5. For the term of this agreement, employees who are required to wear
uniforms shall receive the same number of uniform pieces allocated to them prior to the
ratification of the agreement. The cost of the uniforms shall be borne by the City.
Section 6. Employees who are not required to wear uniforms shall be allowed to
continue to wear City polo shirts in the color choice of the City. The City shall provide
seven (7) polo shirts to each employee on their anniversary date. The cost of uniforms
and/or polo shirts shall be borne by the City.
61
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City Of Boynton Beach NCF&O/S IU Local 1227
05/27/04
Section 7. No alcoholic beverages are to be purchased or consumed while wearing a
City polo shirt.
Section 8. Automobile Allowance - Employees who are employed in the Building
and Occupational License Department, and who are regularly required to use their
personal vehicle for City business shall receive a $490.00 monthly car allowance.
Section 9. Car allowances are effective as of the ratification date by the Commission
and are not retroactive.
~ 62
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City Of Boynton Beach NCF&O!SEIU ocal1227
05/27/04
ARTICLE 40
DUES DEDUCTION
Section 1. For all union business, employees covered by this agreement should first
contact their union steward.
Employees covered by this Agreement may on the prescribed form, authorize payroll
deduction for the purpose of paying LOCAL 1227 dues deductions and/or COPE
deductions. Employees shall receive copies of the form from either the City Finance
Department or their Union office.
Section 2. The Union will initially notify the City as to the amount of dues and COPE
deductions. Such notification will be certified to the City in \\<Titing over the signature of
an authorized officer of the Union. Changes in Union membership or COPE 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 or COPE
deductions, the employee shall go to the Union office and Union staff shall prepare and
mail notice of such change to the City's Finance Department.
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.
COPE deductions will be remitted to the union in a separate check on a quarterly basis
beginning April 2004.
Section 4. For the purpose of putting this article into effect, the Union will furnish
forms for such individual authorization reading as follows:
63
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City Of Boynton Beach
05/27/04
NOTICE TO CITY AND UNION AUTHORIZATION
FOR DEDUCTION/DISCONTINUATION OF UNION DUES
_I hereby authorize my City to deduct from my salary each pay period my Union
dues, as certified to the City by the Union, and to transmit this amount to the Treasurer of
the Union.
_1 hereby authorize my employer to deduct from my salary each pay period my
COPE deduction of $1.00 per week, as certified to the employer by the union, and to
transmit this amount to the Treasurer ofthe union.
I understand that this authorization is voluntary and I may revoke it at any time by giving
my City and the Union thirty (30) days advance notice in writing.
Date Signature
Job Title Name Printed
Social Security No.
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City Of Boynton Beach NCF&O/SEIU Local 1227
05/27/04
ARTICLE 41
PENSION
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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City Of Boynton Beach NCF&O/SEIU Local 1227
05127/04
ARTICLE 42
SUBSTANCE ABUSE
Section 1. The NCFO, LOCAL 1227 recognizes and supports the City's Drug Free
Workplace Policy as adopted in Ordnance No. 92-51 and will work with the City to
enforce the provisions of the policy. The City's Drug Free Workplace Policy applies to
all members of this bargaining unit. Drug testing procedures and positive test levels shall
be as set forth in Florida Statute 112.0445, Florida's Drug Free Workplace Act, and FAC
4L-9.015. Positive test levels for employees who are engaged in operation of vehicles or
equipment and covered by other state or federal regulations shall be as established by
those regulations.
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City Of Boynton Beach NCF&O/SEIU Local 1227
05/27/04
ARTICLE 43
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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City Of Boynton Beach NCF&O/SE U Local 1227
05127/04
ARTICLE 44
LONGEVITY BENEFIT
Section 1. 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
Section 2. Employees will receive a cash Lump Sum Bonus as follows:
On the employees fifth (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.
On the employees twenty-fifth (25th) anniversary a lump sum bonus payment of
$2,500.00.
On the employees thirtieth (30th) anniversary a lump sum bonus payment of
$3,000.00.
On the employees thirty-fifth (35th) anniversary a lump sum bonus payment of
$3,500.00.
On the employees fortieth (40th) anniversary a lump sum bonus payment of
$4,000.00.
Section 3. Any pay earned for Longevity Benefits is subject to required Federal
deductions.
Section 4. Employees who terminate from the City employment prior to their hire
anniversary date will not be entitled to benefits.
Section 5. This article, effective as of the ratification date by the Commission, is not
retroactive.
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City Of Boynton Beach NCF&O/SEIU Local 1227
OS/27/04
ARTICLE 45
BONUS INCREASES
In addition to any other monetary benefit, the City Manager is authorized to
approve a bonus of $500.00 when such a bonus justified, in writing, on the
prescribed forms by the Department Head. This bonus will not affect the
employees pay grade and step. Funds for the bonus will be budgeted as a separate
allowance and administered under the direct control of the City Manager.
Employees are not automatically entitled to bonus is a system where top
performance can be recognized by the immediate supervisor and prompt rewards
can be made at the discretion of the supervisor provided the department head
concurs. This top performance must be substantiated by the supervisor and the
Department Head using the prescribed forms furnished by the City Manager.
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City Of Boynton Beach NCF&O/S IU Lhcal1227
05/27/04
ARTICLE 46
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.
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City f Boynton Beach NCF&O/SEIU Local 227
05/27/04
H. To determine the purpose and extent of each of its constituents,
departments and positions therein.
I. To set standards for service to be offered to the public, and standards for
the performance of duties of job assignments.
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, bút not limited to, riots, civil disorders, hurricane conditions,
tornado, national emergencies, or other emergency conditions, the provisions of this
Agreement may be suspended by the City during the time of the declared emergency.
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 after notice fails to object to that decision within six (6)
months, it shall be considered finally imposed.
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City Of Boynton Beach NCF&O/SEIU Local 1227
05/27/04
ARTICLE 47
LABOR-MANAGEMENT
A joint labor/management committee composed of an equal number of representatives
from the union and management shall meet within thirty (30) days of the ratification of
this agreement to study and make recommendations on ways to minimize overtime costs,
standby costs, and improve working conditions for employees, or to take up other
subjects as determined by the committee. During the first meeting, the committee shall
determine a meeting schedule to be implemented.
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City Of Boynton Beach NCF&O/S IU Local 1227
05/27/04
ARTICLE 48
SAVINGS CLAUSE
If any article or section of this Agreement should be found invalid, unlawful or not
enforceable, due to 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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City Of Boynton Beach NCF&O/SEI Lotal1227
OS/27/04
ARTICLE 49
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 rights, 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 (age or allowance) monetary benefit, except as set forth or
incorporated by reference in this Agreement.
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City Of Boynton Beach NCF&O/SEIU Local 1227
OS/27/04
ARTICLE 50
POSTING OF AGREEMENT
The City will maintain a copy of this Agreement for inspection in the Human Resource
Department.
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City Of Boynton Beach NCF&O/SÉIU Local 1227
05/27/04
ARTICLE 51
COLLATERAL DOCUMENTS
Section 1. This Collective Bargaining Agreement does not exist in a void. Provisions
of the City's PPM, APM, Departmental Rules, and other policies established by
resolution or ordinance (collectively referred to as collateral documents), which have
been presented and agreed to by the union are applicable to bargaining unit members
unless addressed in this agreement. In the event of a conflict between the terms of this
agreement and any other collateral document, the terms of this agreement shall control.
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City Of Boynton Beach NCF&O/S IU ocal1227
OS/27/04
ARTICLE 52
DURATION
Section l. 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, 2006. Wage and benefit levels existing on September 30, 2006 shall
constitute the status quo during any period of negotiations for a successor agreement.
Agreed to this day of , 2004 by and between the respective parties
through the authorized representatives of the Union and the City.
NATIONAL CONFERENCE OF FIREMEN & OILERS, SEIU, AFL-CIO,CLC
LOCAL TRUSTEE Witness
Sharon Munley
Witness
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CITY OF BOYNTON BEACH
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APPROVED AS TO FORM AND CORRECTNESS
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CITY ATTORNEY CITY MANAGER
James Cherof Kurt Bressner
Date ratified by Commission: "I, 1",,/ Date ratified by Union:
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