Loading...
White Collar 10-04 to 09-30-06 PROPOSED AGREEMENT 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, 2004 - September 30,2006 TABLE OF CONTENTS Article Page Preamble 5 2 Recognition 6 3 Rights of Employees 7 4 Management Rights 8 5 Strikes 10 6 Non-Discrimination 11 7 Representation of the City 12 8 Union Representation 13 9 Collective Bargaining 15 10 Union Time Pool 16 11 Bulletin Boards 17 12 Progressive Discipline 18 13 Grievance Procedure 28 14 Basic Work Week and Overtime. 31 15 Compensatory Time 33 16 Wages 34 17 Promotions, Reclassifications, Transfers & Demotions 35 18 Stand By and Call Back Pay 38 19 Emergency Pay 39 2 City Of Boynton Beach NCF&O/SEIU Loca11227 White Collar Bargaining Unit 20 Certification Pay 43 21 Pay for Training 44 22 Working in a Higher Class 45 23 Sick Leave 46 24 Workers Compensation 48 25 Light Duty 49 26 Vacation 50 27 Bonus Days 52 28 Holidays 53 29 Compassionate Leave 54 30 Military Leave 55 31 Leave of Absence 56 32 Unauthorized Absence 57 33 Jury Duty 58 34 Seniority, Layoff, Recall 59 35 Recruitment and Selection 61 36 Safety and Health 65 37 Insurance 66 38 Personnel Fi]es 67 39 Tuition Reimbursement 68 40 Genera] Provisions 75 3 City Of Boynton Beach NCF&O/SEIU Loca] 1227 White Collar Bargaining Unit ARTICLE 1 1.0 PREAMBLE 1.1 This agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City", and the National Conference of Firemen and Oilers, SEIU AFL-CIO, LOCAL 1227, hereinafter referred to as the "Union". The general purpose ofthis 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. 1.2 The parties agree that nothing in this agreement shall prohibit the parties from meeting and discussing any items of mutual interest in accordance with the law. 5 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 2 2.0 RECOGNITION 2.1 The City of Boynton Beach hereby recognizes the National Conference of Firemen and Oilers, SEIU LOCAL 1227 as exclusive representatives for the bargainin&...w1Ït 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 2.2 The bargaining unit is comprised of those positions certified for inclusion by the Public Employees Relations Commission. 2.3 In the event of a conflict between the foregoing list of positions included in the bargaining unit and the unit as recognized by the Public Employees Relations Commission (PER C), the unit recognized by the PERC shall controL 6 City Of Boynton Beach NCF&O/SEIU Local 1227 White ColJar Bargaining Unit ARTICLE 3 3.0 RIGHTS OF EMPLOYEES 3.1 The employees in the bargaining unit shall have the right to join or assist the Union or to refrain from any such activity. 3.2 All provisions of this Agreement shall be applied fairly and equitably to all employees in the Bargaining Unit. 3.3 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. 7 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 4 4.0 MANAGEMENT RIGHTS 4.] 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 win 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: 4.1.1 To determine the purpose and mission of the City and all its employees, to determine the amount of budget to be adopted, and to exercise control and discretion over the organization and operation of the City in all respects incJuding the right to detennine 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. 4.1.2 To maintain economic stability. 4.1.3 To change or eliminate existing methods of operation, equipment, or facilities and to adopt and implement technological changes or improvements including, but not limited to, vehicles, and all other materials or supplies. 4.1.4 To determine the methods, income and personnel by which such operations are to be conducted including the right to contract and sub-contract existing and future work. 4.].5 To select, hire, test, cJassify, promote, train, assign, retain, evaluate, lay- off, schedule, and detennine the qualifications of all employees. 8 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit 4. l.6 To suspend, demote, discharge, reprimand, or take other disciplinary action against employees for just cause. 4. 1 .7 To determine the organization of City government. 4.1.8 To determine the purpose and extent of each of its constituents, departments and positions therein. 4.1.9 To set standards for service to be offered to the pubJic, and standards for the performance of duties of job assignments. 4.1.10 To manage and direct the work of the employees of the City, including the right to assign work and overtime. 4. 1 .1 1 To establish, determine, implement and maintain effective internal security practices. 4.1.12 To determine the number, type and grades of positions or employees assigned to an organizational unit, department or project. 4.1.13 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. 4. 1 .14 To adopt or enforce cost or general improvement programs. 4.1.15 In a civil emergency, to use personnel in any lawful manner. 4.2 If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, tornado, national emergencies, or other emergency conditions, the provisions of this Agreement may be suspended by the City during the time of the declared emergency. 4.3 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. 9 City Of Boynton Beach NCF&O/SEIU Local 1227 White CoJlar Bargaining Unit ARTICLE 5 5.0 STRIKES 5.1 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 shaH have no right to engage in any work stoppage, slow down, strike or unlawful picketing. 5.2 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 nonnal 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. 10 City Of Boynton Beach NCF &O/SEIU Local 1227 White Collar Bargaining Unit ARTI CLE 6 6.0 NON-DISCRIMINATION 6.1 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. 6.2 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. 6.3 The parties agree that this Article is not subject to grievance or arbitration. 11 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 7 7.0 REPRESENTATION OF THE CITY 7.1 The City shall be represented by the City Manager, or a person or persons designated in writing to the Union by the City Manager. 12 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTI CLE 8 8.0 UNION REPRESENTATION 8.1 The City agrees to recognize the Union's officers and four (4) City employee stewards as agents of the Union. The Union shalJ furnish written notice to the Department Head of the designated Union officers 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. 8.2 Non-employee officials of the Union shall, with prior written notification to the City Manager 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 facilities for safety and lor security purposes. Access shall not be unreasonably withheld. 8.3 Union stewards will be granted paid leave to engage in collective bargaining with the representatives of the City and consultation with management, including Labor/Management meetings, subject to section 9.2. 8.4 Union stewards granted leave may utilize "union time pool" time to engage in the following representative activities: 1. When an employee who is required to appear at a hearing related to a grievance and or arbitration. 2. When an employee who is or responding to a disciplinary action or investigation. 3. When an employee is attending a pre-determination hearing. 8.5 No employee shall engage in Union business while on duty except as referenced in Section 8.3. 8.6 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. 13 City Of Boynton Beach NCF&O/SEnJ Loca11227 White Collar Bargaining Unit 8.7 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 Union time pool. The form for this purpose shall be attached hereto as Appendix "A" to this agreement. 14 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 9 9.0 COLLECTIVE BARGAINING 9.1 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 shaH 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. 9.2 No more than two (2) stewards or bargaining unit members may participate in collective bargaining while on duty, without loss of pay. Additional bargaining unit members may attend while off duty or when on approved leave. 15 City Of Boynton Beach NCF&O/SEIU Local] 227 White Collar Bargaining Unit ARTICLE 10 10.0 UNION TIME POOL 10.1 Members of the bargaining unit may each donate a share of their accrued vacation and/or compensatory time bank of hours to fund the Union time pool. The employee's designated donation shall be deducted each October 151 during the term of this agreement. 10.2 Union time pool time may be transferred from steward to steward. If the total hours used exceeds the total amount of hours in the time pool, stewards may be released without payor they may use accrued vacation time, but in either event, only at the discretion of the department head (or designee), whose approval shaH 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. ] 0.3 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 shaH not be arbitrary or capricious, nor shaH it aHow the City to proceed in a manner that deprives the employee of his or her right of representation. 10.4 Donations to the union time pool shaH be solicited by the union during ratification of the agreement or any other non-work time. Donations shaH be transferred from the employees appropriate leave bank within thirty (30) days of the time of donation, and each year of the agreement during the month of October. 10.5 The City shaH match the number of union time pool hours each year, at 50% of the number of hours accumulated by the union. 10.6 Time pool hours shaH roH over from one year to the next. 10.7 Union representation shall utilize the union time-out slip when using time pool hours. 10.8 Union time pool hours shall only be used for a steward's leave from assigned regular duties. 10.9 Union time pool hours shall be classified as paid leave fÌ"om work. 16 City Of Boynton Beach NCF&O/SEIU Local 1227 White CoUar Bargaining Unit ARTICLE 11 11.0 BULLETIN BOARDS 11.1 The Union shall be provided space on buJletin boards at each location so designated by the City in the areas where unit employees nonnally 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) 11.2 All other information, including any notices containing any infonnation 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. 11.3 The Union shall not post endorsements for candidates who are running for office. 17 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 12 12.0 PROGRESSIVE DISCIPLINE 12. I PURPOSE 12.1.1 The City is committed to recruit, train, and retain qualified employees who will contribute to the City's mission. 12.1.2 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. 12.1.3 When an employee's conduct or performance is inconsistent with tbe 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. 12.1.4 No employee shall be disciplined or discharged without just cause, 12.2 POLICY 12.2.1 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. 12.2.2 Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipJine. 12.2.3 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. 18 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit 12.2.4 Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate measure. 12.2.5 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 method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a Jimitation upon the rights of the City, but are to be used as a guide. 12.2.6 Disciplinary actions for misconduct or serious misconduct older than a two (2) year period shaH not be referred to or considered in any current disciplinary action. 12.2.7 The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to foHow the completed discipJinary documents to Personne1, shaH serve as grounds for disciplinary action. EXAMPLES OF MISCONDUCT The following types of infractions, offenses or misconduct shaH 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 specificaJIy prohibited by law. The foJIowing are examples of violations that shaH 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 19 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit 4. Abuse of departmental procedures and work rules induding: 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 5. Documented faiJure 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 OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE Misconduct Counseling Written Reprimand Suspension Without Payor Dismissal SERIOUS MISCONDUCT I. 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 ca]]jng 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 20 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit 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. 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 :PartiaUy 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 I ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE Serious Misconduct Written Reprimand or Suspension Without Dismissal Suspension Without Pay Payor Dismissal EXTREME MISCONDUCT I. 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 tTom 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. 21 City Of Boynton Beach NCF&O/SEnJ Local 1227 White Collar Bargaining Unit 3. Abuse of departmental procedures and work rules, including: a. Unauthorized personal use of City equipment or funds b. Conducting personal and/or private business on City time; improper use of City time for such activity 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 funy 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 perfonnance 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 1. 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. Ifmisconduct or serious misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE I ST OCCURRENCE 2ND OCCURRENCE Extreme or Unlawful Suspension Without Dismissal Misconduct Pavor Dismissal 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 tree to independently determine the appropriate level of discipline if the employee is found to have committed the offense. 22 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit 12.4 PROCEDURE FOR DISCIPLINARY ACTION 12.4.1 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 perfonnance, 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 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 fonowing types of administrative review shan be administered. 12.4.2 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 shaH obtain all sufficient information, including documentation and/or sworn statements, in order to determine the necessity or level of disciplinary action. Human Resources shaH assume responsibility for acquiring any necessary sworn statements. Administrative investigations shall be conducted expeditiously. 12.4.3 Criminal Investigations - Investigations conducted when criminal violations are reportedly committed by an employee of the City. These investigations shaH be conducted by the PoJice Department, in collaboration with the Department Director of the involved employee. 12.4.3.1 In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shan be conducted prior to the effective date of final disciplinary action. 12.4.3.2 The immediate supervisor may initiate a three-day suspension or less suspension with pay to afford a supervisor the opportunity to investigate an aHeged 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. 23 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit 12.4.3.3 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. 12.5 TYPES OF DISCIPLINARY ACTION 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 tennination. The immediate supervisor should complete a Counseling Memorandum. The employee shall be required to sign the form signifying that he/she 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. WRITIEN 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 hislher 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 ftame for employee improvements, a follow-up discussion at the end of the designated time period should be conducted. The follow-up discussion win 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. 24 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit 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 shaH 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. I. 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. 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 written 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 25 City Of Boynton Beach NCF &O/SEIU Local 1227 White Collar Bargaining Unit Attorney's Office and authorization from the City Manager prior to being effected. Written notification of demotions shaH 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. 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 trom the supervisor, the Department Director shaH submit the documentation to Human Resources. Dismissals shall be effected OIÙY with the concurrence of Human Resources, review by the City Attorney's Office and authorization by the City Manager. A written 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: I . 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. 26 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit 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. 12.6 RIGHT TO PRE-DETERMINATION HEARlNG 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. 12.7 EMPLOYEE APPEALS - GRIEVANCES 12.7.1 Probationary employees shall not have the right to appeal or grieve any type of disciplinary action. 12.7.2 Regular employees shall have just cause appeal and grievance rights as outlined in Article 12 of this Agreement. 12.8 PERFORMANCE IMPROVEMENT PLAN Employees who receive a Written Reprimand with a Suspension shall be placed on a Performance hnprovement Plan. The purpose of Performance Improvement Plan is to monitor employee performance, with an evaluation of performance being made every 30 days. The employee must demonstrate immediate and sustained improvement in their performance throughout the 90-day evaluation period or face dismissal. 27 City Of Boynton Beach NCF&O/SEnJ Local 1227 White Collar Bargaining Unit ARTICLE 13 13.0 GRIEVANCE PROCEDURES 13.1 A grievance is defined as a dispute or disagreement involving the application or interpretation of this Agreement. Issues or disputes which are not grievances as so defined shall not be subject to arbitration, but may be processed through the grievance procedure only after all attempts to resolve the dispute through labor management meetings has failed. 132 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 hislher 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 shaH compliance affect the ultimate resolution of the grievance. The parties agree that the grievance procedure shaH be the sole and exclusive method for resolving any dispute involving the application or interpretation of the Agreement. 13.3 All grievances shall be in writing on a fonn prepared by the City and the Union, All responses to a grievance must be in writing and dated by the responding party. Grievances not appealed to the next higher step within the prescribed time limits wi)) be considered withdrawn and need not be further processed by the City. Failure by management to observe time limits for any step ofthe grievance procedure shaH entitle the employee to advance the grievance to the next step. Grievance time limits may be extended only by mutual written agreement of the Union and the City. 13.4 GRIEVANCE PROCEDURE STEPS 13.4.1 Within ten (I 0) business days of the incident or the time which the employee had knowledge of the incident, the employee or Union may initiate a written grievance with the employee's Department Director. The grievance may be hand delivered or sent by facsimile. Within five (5) days of receiving the grievance, the Department Director will contact the aggrieved employee and/or union representative and schedule a meeting within five (5) days of contacting the aggrieved employee and/or union representative to discuss the matter. The Department Director shall respond to the grievance on or before 5:00 PM on the eleventh (I I~ business day following the date of receipt of the grievance. 28 City Of Boynton Beach NCF&O/SEIU Local 1227 White ColJar Bargaining Unit 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 at least one aggrieved employee and/or a union representative and the date filed. e. A statement indicating the grievance is a class action grievance, when appropriate. f. A statement identifying the positions of the class of workers affected, when brought as a class action grievance. 13.4.2 In the event the employee is not satisfied with the disposition of the grievance by the Department Director, the employee, or union representative if applicable, shall have the right to file a written appeal of the decision, stating the basis for the appeal, to the Human Resources Director within five (5) business days of the date ofreceipt of the Department Director's decision. Failure to fully state all basis for the appeal shall not preclude the employee or union representative such basis for appeal at a later time in the grievance process. Within five (5) business days of receipt of the grievance, the Human Resources Director will contact the aggrieved employee, and union representative if applicable, and schedule a meeting within five (5) business days to discuss the matter. The Human Resources Director or designee shall respond in writing to the employee within five (5) business days of the meeting. 13.4.3 When a grievance/disciplinary appeal if not settled under the forgoing steps of the grievance procedure, the employee or, if applicable, 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) calendar days following appointment. If the arbitrator is not available within a 120 day period, the next arbitrator on the list shall be used. Neither party shall utilize court reporters and/or written briefs, The arbitrator shall make a final and binding ruling within 14 days of the hearing. 29 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit The City and the Union have selected a panel of six (6) arbitrators from the Federal Mediation and Conciliation Service (FMCS). The City selected three (3) arbitrators and the Union ed select three (3) arbitrators. These arbitrators shaH hear grievances on a rotating basis, beginning in alphabetical order of the arbitrator's sir name, as foHows; 1. Rodney Dennis 4. Mark Grossman 2. Ben FaIcigno 5. Robert Hoffman 3. Ramon Fernandez 6. Tom Humphries 13.5 The arbitrator shan 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 shaH confine the decision solely to the issue of interpretation or appJication of the Agreement presented. The decision of the arbitrator on any matter within hislher jurisdiction shaH be final and binding on the Union, the City and the employee covered by the Agreement. When an arbitrator has been selected by the parties, the City shaH have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense. If arbitrabiIity is raised by the City, the issue of arbitrabiIity shaH be detennined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration hearing on the grievance itself, If the City raises the question of arbitrabiIity and loses that detennination, the City shaH pay the cost of the arbitrator. If the City raises the question of arbitrabiJity and the arbitrator detennines that the matter is not arbitrable, the Union shaH pay for the arbitrator. The City and the Union agree to share all infonnation each party will present to the arbitrator no later than ten (10) days prior to the date of the arbitration, even if such infonnation was accumulated after the final grievance step or after the tenninated employees' pre-detennination hearing. 13.6 The hearing shaH not be fonnal and the strict rules of evidence shaH not apply. 13.7 The parties shaIl divide the arbitrator's fee and expenses equaHy. In the event of a settlement, the arbitrator's fee and expenses shaH be born equaHy by the parties, unless they agree otherwise. 13.8 The term "day" shan mean, calendar day, Monday through Friday, exclusive of holidays recognized by this Agreement. 30 City Of Boynton Beach NCF&O/SEnJ Local 1227 White CoIlar Bargaining Unit ARTICLE 14 14.0 BASIC WORK WEEK AND OVERTIME 14.1 The basic workweek shaH 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. 14.2 All authorized and approved work performed in excess of forty (40) hours in any one work week shall be considered as overtime and shaH be paid at the overtime rate of one and one-halftimes the employee's straight time rate. 14.3 For purposes of overtime computation only vacation leave, holiday leave, personal leave_days, the employee's use of sick leave as documented by a physician's statement provided prior to the end of the pay period, and comp time shall be considered as time worked. Funeral leave, jury duty, annual military leave, and any other leave or absences from duty on active pay status shall not be considered as time worked for purposes of overtime computation. 14.4 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. 14.4.1 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. 14.4.2 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. 14.5 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 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 ofB-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. 31 City Of Boynton Beach NCF&O/SEnJ Local 1227 White Collar Bargaining Unit : 'i1ployees cannot be in a work status more than seven (7) minutes prior or seven .-' ; minutes after regular workday unless they have their supervisor's approval to ;k in a work status. Each employee must be advised of the official start and '.- ¡ding time of their department workday. f or purposes of overtime, the City will follow the Department of Labor's "7/8 \'í¡nute Rule". This rule means that an employee will not be eligible for overtime ,ntì) helshe has been on the job for more than seven minutes, i.e. at the start of the ¡, minute they would then receive 15 minutes at time and a half. This procedure '.i!J also be followed if an employee reports to work late. The employee shaH be ;":¡:-.rked as tardy using the same 7/8 Minute rule, for purposes of calculating ToH, however, an employee will be deemed "tardy" ifthey appear for work any lime after the designated starting time. Any employee that is tardy is subject to :.:ppropriate discipline. 14.7 l: is understood that the clock designated by an employee 's supervisor to record ,¡rival and departure shan be the clock against which timely reporting for work is ;;icasured. If at any time, that clock is deemd inoperative, the immediate " ',;pervisor will advise employees of the clock which will be utilized in lieu of it. 32 City Of Boynton Beach NCF &O/SEIU Local 1227 White ColIar Bargaining Unit ARTICLE 15 15.0 COMPENSATORY TIME 15.1 Employees may accrue and use compensatory time in lieu of overtime pay when the employee works in excess of forty hours in a workweek. 15.2 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 (30) calendar days of the pay period in which it was earned or be paid at that time, 15.3 The City reserves the right to convert any accrued compensatory time hours to pay at its sole discretion, once the sixty (30) days has passed. 15.4 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 wilJ not encourage employees to take one form of compensation over the other. 33 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 16 16.0 WAGES 16.1 Effective October 1, 2004 , bargaining unit employees shaH receive a 2% market adjustment added to base wage. 16.2 Effective April 1, 2005 bargaining unit employees shall receive the foHowing Performance Evaluation wage increases added to base wage: a. Performance evaluation score shaH generate a merit increase as outlined in the schedule outlined in Appendix B of this agreement. b. Performance evaluation score is below 2.0 No wage increase will be applied. 16.3 No employee will receive a base wage increase to a rate higher than the maximum salary for the position. An employee that is at the maximum salary range shaH receive the market adjustment increase and the Performance Evaluation wage increase, if applicable, as a lump-sum payment. 16.4 The April 1 Performance Evaluations and re-evaluations at each thirty (30) 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. Through Labor/Management meetings, the Union and City shall continue to work on the evaluation process in order to ensure pay equity for employees. 16.5 Employees who receive a performance evaluation rating that fa]]s below a "Meets Expectations" (rating of less than 2) shalJ be placed on a Performance Improvement Plan. It is the responsibility of each employee to perform at a minimum level of "Meets Standards". 34 City Of Boynton Beach NCF&O/SEIU Local 1227 White CoIIar Bargaining Unit ARTICLE 17 17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS 17.1 PROMOTIONS 17.1.1 Employees interested in applying for a promotional opportunity must have been in their current position for a minimum of six months and have at least a meets standards perfonnance level. Each promoted employee must successfully complete a six month probationary period in the new position. Employees are eligible for the following increases in pay upon promotion: Promotion from non-exempt to exempt position: + 10% of mid-point of new grade or to minimum of new grade whichever is higher Promotion of one grade (exempt to exempt or non-exempt to non- exempt): +5% of mid-point of new grade or to minimum of new grade, whichever is higher Promotion of two grades (exempt to exempt or non-exempt to non- exempt): +7.5% of mid-point of new grade or to minimum of new grade, whichever is higher Promotion of three or more grades (exempt to exempt or non-exempt to non-exempt): + 10% of mid-point of new grade or to minimum of new grade, whichever is higher 17.1.2 In no event will the employee's base rate of pay exceed the maximum for the position to which the promotion is made. 17.1.3 Each promoted employee must successfully complete a probationary period of six months from the date of promotion. Note: Applicants for promotion must have been in their current position for a minimum of six months and have a Meets Standards or higher perfonnance rating. 17.2 DEMOTION 172.1 Upon demotion, an employee's rate of pay will be adjusted as follows: Decrease of one grade: -5% of mid-point of current grade (position leaving) Decrease of two grades: -7.5% of mid-point of current grade (position leaving) Decrease of three or more grades: -10% of mid-point of current grade (position leaving) 35 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit 17.2.2 In no event will the employee's base rate of pay exceed the maximum for the position to which the demotion is made. 17.2.3 The pay of a promoted employee who is demoted prior to completion of a probationary period, will be reduced by the same amount as the promotional increase. 17.2.4 Exceptions to this policy may occur if there is a department restructuring that results in an involuntary demotion for one or more employees. The City Manager must approve any restructuring and resulting demotions, This shall not be construed to reduce an employee's rate of pay beyond the percentages set forth in section 17.2.1. 17.3 LATERAL TRANSFER 17.3.1 Employees transferring from one position to another in the same pay grade, whether in the same or in a different department, wiH maintain the same pay rate, 17.3.2 Each transferred employee, whether in the same or a lower grade, must successfully complete a probationary period of six months from the date of transfer. Probationary employees, whether in their first year as an employee or in their six-month promotional probationary period have no property entitlement to their position. 17.4 RECLASSIFICATION 17.4. I Positions may be considered for reclassification only upon written request of the Department Head, including detailed justification. If the reclassification is for a change to an existing position classification (e.g. Grade 13 to Grade 14), the incumbent must complete a position questionnaire, which will then be evaluated by the Human Resources Department. If the request is to change from one current position classification to another (e.g. Office Assistant to Office Assistant, Sr.), that justification must be included in the Department Head's request. 17.4.2 Reclassification requests will be considered each year during the budget process. Reclassifications requested during the fiscal year will be considered only if the department is restructuring or realigning major responsibilities. Mid-year reclassifications must have the approval of the HR Director, Finance Director and City Manager. 17.4.3 Implementation of any reclassification, whenever approved, will not become effective until the necessary funds are available in the department budget. Any salary change required by a reclassification wiJ) become effective as of the date the reclassification is approved. 36 City Of Boynton Beach NCF&O/SEIU Local 1227 White Conar Bargaining Unit 17.4.4 Human Resources will provide a copy of the department head's request for reclassification upon the approval of the reclass. 17.5 PROMOTION FROM PART-TIME TO FULL-TIME 17.5.1 Each promoted employee must successfully complete a probationary period of twelve months from the date of promotion. 17.5.2 Upon successful completion of the probationary period, the probationary employee will be considered a regular employee. 37 NCF &O/SEIU Local 1227 White Collar Bargaining Unit City Of Boynton Beach ARTICLE 18 ]8~ TANDBY AND CALL BACK PAY 18 ·.'1 ANDBY PAY - In order to provide coverage for services during off-duty . ;<_,;/rs, it may be necessary to assign and schedule certain bargaining unit ployees to standby beeper duty. A standby beeper duty assignment is made by L~ department director or hislher designee who requires an employee on hislher off- hny time, which may include nights, weekends or holidays, to be available to '",form his normal daily job function during off hours, due to an urgent situation. :,¡iíployees placed on Stand-by who are assigned a take home vehicle according to ~h department's rotation list shan be assigned a take-home vehicle appropriate ;()¡ the completion of the task required of the employee should he/she be caBed :,¡ck to work. The employee shan receive one hours pay at the overtime rate for it h day or portion thereof that they are assigned standby beeper duty. 18.: _(I employee may be assigned to or paid for STANDBY on any day when the . ;,¡ployee is in or scheduled to be in any leave status for that entire shift. 18.:: ',j more than 14 days of STANDBY can be paid in any pay period. 18.4 A LL BACK PAY - An employee caHed back to work after having been relieved ;'!:j having left the assigned work station, or caBed in before hislher regularly . ,heduled work time, shaJI be paid a minimum of two (2) hours pay at the rate of ')' if. and one-half (1 ~) times hislher basic hourly rate of pay when such callback is tween the hours of 800 a.m. and 12:00 a.m. (midnight), and shaB receive a ulÌmum of three hours at the rate of one and one-half (1 Y:z) times hislher basic ,¡¡rly pay when such callback is between the hours of 12:01 a.m. and 7:59 a,m. '~"1ployees shaH be paid for the actual hours worked for aH hours worked in cess of the appropriate calJback minimum, No concurrent payment of call-back c! regular pay is permitted. 38 .. City Of Boynton Beach NCF&O/SEIU Local 1227 White CoJIar Bargaining Unit ARTICLE 19 19.0 EMERGENCY PAY POLICY 19.1 Purpose. To establish levels of compensation for regular, part-time and seasonal employees who are released from work or who are retained at work or called back to work to perform City work during the threat or occurrence of a hurricane, severe storm, civil disaster, or other emergency conditions affecting the City Of Boynton Beach. 19.2 Local State of Emergency. A local civil emergency shall be deemed to have commenced when the City Manager (or an acting City Manager when the City Manager is not available to act) files with the City Clerk a declaration that the City is in a state of local civil emergency. Immediately following such declaration, the City Manager (or Acting City Manager) will inform each City department and office in as timely a manner as possible by written or electronic communication that a state of civil emergency is in effect. The state of local civil emergency shall continue in effect until rescinded in writing by the City Manager (or Acting City Manager), filed with the City Clerk. 19.3 Authority and duration of Emergency Pay Policy coverage. The provisions of this Emergency Pay Policy shall become effective immediately following the declaration of a state of local civil emergency by the City Manager, and are considered from that point to take precedence over all other Personnel Rules and Regulations, policies, ordinances and collective bargaining agreements of the City of Boynton Beach in the matters of pay, compensation and leave discussed herein. The provisions of this Emergency Pay Policy shall apply for the entire time period during which the declared state of local civil emergency exists, 19.4 Designation of employees for purposes of establishing pay and compensation. In a manner to be detennined by the City Manager or his/her acting designee, all City employees (regardless of full-time, part-time, seasonal, exempt or non- exempt status) will be classified into one of the following three categories: A = Essential/Mandatory Personnel The assistance of these employees is considered essential to the City's ability to function and provide public services in the event of a civil emergency. 39 NCF&O/SEIU Local 1227 White Collar Bargaining Unit City Of Boynton Beach C = Non-Essential Personnel Depending on circumstances and needs, the assistance of these employees may be required in the event of a civil emergency. The assistance of these employees is normaJly not required during a civil emergency event. B = Essential Personnel Employees who are classified as category "A" (Essential/Mandatory Personnel) are expected to report for work at the beginning of their assigned shift, work their entire shift, and be prepared to work any overtime hours as may be required under emergency conditions. Category "A" employees may also be required to report for work on unscheduled days or hours, and should be prepared to perform tasks outside their normal scope of duties. Category "A" employees may be required to remain at a designated facility during some portion of the emergency event. Employees who are classified as category "B" (Essential Personnel) should be prepared to report for work, and should be prepared to work any overtime hours if required to do so. Category "B" employees may also be required to report for work on unscheduled days or hours, and should be prepared to perform tasks outside their normal scope of duties. Category "B" employees may be required to remain at a designated facility during some portion of the emergency event. Employees who are classified as category "C" (Non-Essential Personnel) may be released from their normal work duties and schedules as circumstances dictate, subject to the following conditions: (a) the employee is to remain in periodic contact with their supervisor or other designated representatives in accordance with departmental procedures; (b) be available to respond to call back assignments as directed; and (c) be prepared to work any overtime hours that may be required In advance of or folJowing an emergency event. The City of Boynton Beach retains the right to change at any time an employee's designation (as either "A", "B" or "C"), based upon the type of civil emergency that exists, and upon the level or stage of response that is deemed appropriate by City management to address the civil emergency. 19.5 Duty to Work An employee who is directed to report for work during a declared civil 40 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit emergency, and fails to do so, is subject to being disciplined, up to and including tennination. In addition to any disciplinary action, the employee shall forfeit any compensation payable under these policies, except compensation for hours actually worked. 19.6 Employee compensation. Any employee classified as either "A" (Essential/Mandatory) or «B" (Essential), who is not exempt from the overtime provisions of the Fair Labor Standards Act, will be compensated as follows during a period of local emergency: (a) The employee will be paid their regular compensation of all hours they are scheduled for work, but released from work. Example: If an employee's is scheduled to work from 8:00 A.M. to 5:00 P.M., but is released from work at 3:00 P.M., the employee will be paid as though the employee worked until 5:00 P.M., however, only those hours actually worked will be counted for overtime purposes. (b) The employee will be compensated at a premium rate of double their regular base rate of pay for all hours actually worked, including hours which would otherwise qualify for overtime pay (time and one-half). Example: If an employee who earns $10.00 an hour is scheduled and required to work at 8:00 A.M. but a local emergency was declared at 7:00 A.M., the employee shall be paid $20.00 an hour for all hours actually worked until the local emergency ends. 19.7 Standby and Call back pay No employee in entitled to nor shall receive standby payor call back pay during a period of local emergency. 19.8 Record Keeping. All employees are responsible for keeping accurate time logs/records for hours worked during a declared state of emergency. The submission of a request for compensation for time worked when the employee did not actually work during a period of local emergency is grounds for tennination of employment. 19.9 Handling of leave requests during a declared emergency. Leave requests approved prior to a declared local civil emergency will be honored if, in the opinion of the employee's department director, the employee's absence will not adversely affect the City's ability to effectively respond to the emergency. However, all employees are subject to having previously approved leave cancelled, and new requests for leave denied, based upon an ovemding organizational need to have the 41 City Of Boynton Beach NCF &O/SEIU Local 1227 White Collar Bargaining Unit employee report for duty to fulfill their job assignments during an emergency. Any off-duty employee who anticipates being unavailable to respond to a call back assignment associated with an emergency has a responsibility to discuss their plans with their department director and request to be relieved from caJl back responsibilities for the anticipated duration of the emergency. The department director will evaluate the employee's reasons for the request to be relieved of possible caJl back responsibilities and notify the employee of his/her decision as soon as possible. An employees who request sick leave immediately prior to, during, or in recovery from a declared emergency may be required by the department director to submit appropriate medical documentation to verify their sick leave request Special Note: An employee who is on a previously approved leave that was not revoked prior to the specified local civil emergency time period is not eligible for administrative leave with payor any other fonn of special compensation that may be made available under the provisions of this policy. 19.10 Holiday Pay. If the declared emergency time period should encompass a holiday, an employee is eligible to receive any applicable holiday pay they are due in addition to any special compensation that is to be paid to under the conditions outlined in Section 5 above. 19.11 Suspension of other compensation rules During periods of declared local emergencies, the provIsIons of this ordinance supersede all other provisions for scheduling and compensation set forth in any other local rule, regulation, ordinance or collective bargaining agreement. 42 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 20 20.0 CERTIFICATION PAY 20.1 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. 20.2 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 43 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 21 210 EMPLOYEES ASSIGNED TO TRAINING DUTIES 21.l Employees wbo are assigned to train anomer employee who is neW to a position, sball be assigned in writing and sball receive a 5% increase in pay during me time they are training another employee. 44 NCF&O/SEIU Local 1227 White Collar Bargaining Unit City Of Boynton Beach ARTICLE 22 22.0 WORKING IN A HIGHER CLASS 22.1 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 shall receive a 5% increase in pay, or the minimum of the higher classification, whichever is greater until returned to their regular classification. 22.2 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 payor the minimum of the higher classification, whichever is greater until returned to their regular classification. 45 City Of Boynton Beach NCF &O/SEIU Local 1227 White Collar Bargaining Unit ARTI CLE 23 23.0 SICK LEAVE 23.1 An employee shall notify hislher immediate supervisor or the supervisor's designee in a manner provided for by management of hislher illness no less than one-half (1/2) hour before hislher nonnal 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 hislher supervisor of the will be absent. 23.2 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. 23.3 Employees shan accrue sick leave at a rate of 96 hours per l2-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 accumuJate a maximum of 1040 sick leave hours. All unused hours shaH 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 tennination with City on a two (2) to one (I) basis, or the fun value of the hours may be used to purchase health care benefits should the tennination be due to nonnal or disability retirement. 23.4 An employee making a departmental transfer win retain any unused sick leave. 23.5 Employees who have attained non-probationary status and are regular employees will have payment made for unused sick leave, for up to I 040 hours, at the rate of 50% of the total number of hours accumulated, but not taken, upon tennination in good standing, or retirement or death. (Retirement shan include nonnal retirement, disability retirement, or early retirement as defmed in the appropriate Pension Plan). 23.6 Employees may request, and be covered by the provisions of the Family Medical Leave Act. 46 City Of Boynton Beach NCF&O/SEIU Local 1227 White ColJar Bargaining Unit 23.7 Sick leave exceeding 3 consecutive work days requires medical certification within three (3) days of returning to work. 23.8 Sick Leave Donations 23.8.1 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 nom 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. 23.8.2 Extraordinary circumstances shall be defined as lengthy hospitalization. critical illness or injury. 23.8.3 When there appears to be a need to share sick leave, bargaining unit members who are willing to contribute sick leave hours must submit an Employee Activity Report to the Human Resources Department for proper charge to their sick leave records. 23.9 Restricted Sick Leave 23.9.1 No member may be placed on restricted sick leave unless_a pattern of sick leave abuse is present and the employee has had a counseling session with hisfher 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. 23.9.2 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) business days after the three (3) month period, the employee will be automatically removed from restricted sick leave. 23.9.3 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 tennination. 47 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 24 24.0 WORKERS COMPENSATION 24.1 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. 24.2 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 hislher worker's compensation check and hislher normal net pay up to three (3)months. At the end of three (3) months, the Risk Manager will review the medical certification ITom the employee's authorized workers' compensation treating physician for a determination of pay status. If the authorized medical certification justifies temporary total disability, the salary supplement continuation will be granted. If the continuation of the salary supplement is granted, it shall continue at the same rate as defined above for up to an additional three (3) months. In no case will the salary supplement be extended beyond six (6) calendar months from the date on which the salary supplement began. 24.3 Once the salary supplement as identified in section 24.2 is exhausted, the injured employee may elect to receive accrued sick leave, and after the sick leave is exhausted, vacation leave, in accordance with hislher regular hourly wage to the extent that hislher combined sick leave or vacation leave, and workers' compensation benefits equal hislher regular weekly net take home salary. The employee must contact the payroll clerk to qualify for the combined check. 24.4 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. 24.5 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. 24.6 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 hislher services elsewhere, during this period, he/she will be obligated to reimburse the City for all medical expenses and supplement, sick or vacation pay taken and shall be subject to dismissal.o 48 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 25 25.0 LIGHT DUTY 25.1 Employees who have injuries which prohibit them from perfonning their regular assignments may return to work and perform light duty when there is light duty work available and the City has determined that the employee is able to perform the work without risk of further injury. The City is under no obligation to create light duty work. If there is no work available the employee will remain on sick leave status until he/she has a full release to return to work from hislher doctor. 49 City Of Boynton Beach NCF &O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 26 26.0 ACATION 26. j Jch fuJl time employee shall earn vacation leave as fo]]ows: Year:- r Service Vacation Days Vacation Hours 1 y' 2-3 \ '~:"rs 4 Y. . 5 Y. 6 Yt:<u, 7 Y: .~. 8 Yc', 9 Y e~'r~ ] 0-15· ,.',m; ] 6-20 ' :.drs 21 Yc &: After 10 15 ]6 17 18 19 20 21 22 24 25 80 120 ]28 136 144 152 160 168 ]76 192 200 26.2ìcation leave may be taken as earned subject to the approval of the Department Head who shaH schedule vacations to meet the operating requirements of the l:cpartment. 26.3 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during October ]_ September 30 may exceed this stated policy, however, any amount over the alhwable maximum that has not been used during that (October ] - September ?!. ) period wiJI be forfeited as of September 30. However, employees who have t.;:!1 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. 26.4 V ,cation requests of three (3) shifts or less must be requested and approved or denied within one (I) day of the work shift the day the request is made. Vacation req uests of four (4) shifts or more must be requested and approved or denied within two (2) days of the day the request is made. 26.5 Emergency Cash-In of Vacation and/or Sick Leave Time 26.5.] Employees faced with sudden extraordinary circumstances of hardship who have in excess of 40 hours of accrued vacation are eligible to request emergency cash in of vacation. If approved, an employee may convert up to 90 hours to cash (Jess applicable taxes) provided they have 40 hours remaining in their vacation accrual account after the cash-in. Conversions must be done in increments of one work day. 50 City Of Boynton Beach NCF &O/SEIU Local 1227 White Collar Bargaining Unit 26.5.2 Employees who do not have enough vacation time to use for the total amount of emergency cash may consider including sick leave hours. Sick leave hours cash-in will be calculated at 50% of the_employee's hourly rate. The total of vacation and sick may not exceed 90 hours and vacation hours must always be used before sick hours. Payment for sick leave hours may only be granted if the employee has the amount of sick leave credited to his/her sick leave account. The employee must retain a minimum of eighty (80) sick hours on the books. 26.5.3 A request must be made in writing outlining the emergency and submitted to the Human Resources Director on the appropriate form. A committee comprised of the City Manager, Finance Director and Human Resources Director will then review the request and approve the requested hours in total or modified as they see fit. This benefit can be used only once each year. At the discretion of the City Manager, the time limit rule may be waived if there are exigent circumstances. 26.5.4 Denial of sick leave pay wilJ be made in writing stating the reasons for the denial. Employees may take advantage of this provision once during each year of this agreement 26,6 Employees shall be allowed to take up to twenty-four (24) hours of emergency vacation leave on an annual basis. Employees shall make such a request in accordance with the applicable, published call-in procedure outlined in Article 25.1 of this Agreement. 26.7 An employee who takes leave without a timely request or without approval shall be subject to additional disciplinary action. 51 NCF&O/SEIU Local 1227 White Collar Bargaining Unit City Of Boynton Beach ARTICLE 27 27.0 BONUS DAYS 27.1 INTENT The intent of this Article is to establish a weJlness 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 iIlness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. 27.2 ACCRUAL 27.2.1 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 ITom work or on leave other than those paid leave categories recognized in this document. 27.2.2 Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. 52 City Of Boynton Beach NCF&O/SEIU Local 1227 White Co]]ar Bargaining Unit ARTICLE 28 28.0 HOLIDAYS 28.1 The following holidays shall be observed for employees in the bargaining unit: New Year's Day President's Day Independence Day Veteran's Day Day after Thanksgiving Christmas Day Martin Luther King, Jr. Day Memorial Day Labor Day Thanksgiving Day Christmas Eve In addition, the employee may take his or her birthday with notice to their supervisor. Birthdays that faH 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. 28.2 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 shaH receive then (10) hours of pay. In aH 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. ' 28.3 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 (1112) their regular rate of pay for all hours worked in addition to that payment provided in 28.2. 28.4 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. 28.5 Holidays falling on a Saturday shall be observed the preceding Friday. Holidays falling on Sunday shall be observed the following Monday. 53 City Of Boynton Beach NCF &O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 29 29.0 COMPASSIONATE LEAVE 29.1 In the event ofthe death of the mother, father, child, foster parent, foster child, brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild, mother-in-law, or father-in-law of a regular employee, the employee shalJ be entitled to paid compassionate leave not to exceed three (3) consecutive workdays for anyone death. However, ifit is necessary for the employee to leave the State in connection with the intennent of the deceased, five (5) consecutive workdays shalJ be alJowed. Employees must submit proof of death in order to be eligible for this article. The City Manager may grant additional leave under this section when he/she deems it appropriate. 54 City Of Boynton Beach NCF&O/SEfiJ Local 1227 White Collar Bargaining Unit ARTICLE 30 30.0 MILITARY LEAVE 30.1 Reserve Training: All employees in the City service who are members of military reserve units and who must attend annual training sessions are entitled~ pursuant to Florida Statute 115.07-to seventeen (17) calendar days with pay each year in order that these employees may fulfill their military obligations. Fire department shift personnel will be granted a maximum of nine (9) shift days. 30.2 Active Duty: All employees who are reservists and are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. 30.3 The City will continue to pay the eligible employee's portion of health, dental and life insurance premiums and the City's pension contribution. If an employee has dependent insurance coverage, the Finance Department will consider this in detennining the amount of supplemental pay so that the dependent insurance premiums can be paid prior to the supplemental check calculation. The employee's pension contribution will also be made prior to the supplemental check calculation. If the supplemental pay is not sufficient to pay the dependent coverage, the employee will be responsible for sending the City a check to cover the dependent premium. The employee will also be responsible for making arrangements for any other benefit premium or other deduction. 30.4 Continued Service: Unless the person provides the City with written notice that they do not plan to return to employment with the City, no break in service will occur during the period of active duty and the employee with continue to accrue service for purposes of seniority and pension eligibility 55 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 31 31.0 LEAVE OF ABSENCE 31. ] A regular employee may be granted leave of absence without pay for a period not to exceed six_months for sickness, disability or other good and sufficient reasons that are considered to be in the best interest of the City. Requests must be in writing, A leave of absence without pay of up to 30 calendar days can be approved by the employee's Department Head and the Human Resources Director. A leave of absence in excess of30 calendar days must be approved by_the City Manager. Employees that are on approved leave of absence without pay wiIJ be responsible for paying an their benefit premiums, e.g" insurance, etc. 31 .2 Leave of absence without pay wiIl not be granted in order to accept employment with another employer. If granted, leave of absence without pay may subsequently be withdrawn and the employee recalled to service. AIl employees on leave of absence without pay are subject to applicable provisions of these rules. There win be no accrual of sick leave, vacation leave or seniority during a leave of absence without pay exceeding 30 days. 3].3 The City Manager, at his or her discretion, may approve up to an additional 6 months leave of absence without pay. 56 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 32 32.0 UNAUTHORIZED ABSENCE 32.1 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. 32.2 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 hislher employer or have another person notifY hislher 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 detennine if just cause exists. 57 City Of Boynton Beach NCF&O/SEIU Local] 227 White Conar Bargaining Unit ARTICLE 33 33.0 JURY DUTY 33.1 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 Department Director. All pay granted under this section must be approved by the Department Director. In order for the employee to receive their regular pay for such leave the employee must deposit the money which he/she receives for jury duty or as a witness with the City Finance Department for those days that coincide with hislher regular work schedule, unless otherwise provided by law. Employees can keep only travel expense monies. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. 58 NCF&O/SEIU Local 1227 White Collar Bargaining Unit City Of Boynton Beach ARTICLE 34 34.0 SENIORITY & LAYOFF & RECALL 34.1 For the purpose of this Contract, "seniority" shall be defined as the employee's length of continuous service with the City of Boynton Beach. The City and the Union recognize the value of an experienced 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. 34.2 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 34.3 Layoff and recall of 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 shaH notify the Union at least two weeks in advance of the intended action and the reasons therefore. c, Layoffs wi]] 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 is eligible for or for which he qualifies by meeting the requirements as set forth in the job description. 59 City Of Boynton Beach NCF&O/SEnJ Local 1227 White Collar Bargaining Unit 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 recal] rights for a period of one year from the date the lay-off took affect. Upon recal], 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 shaH not be placed on the recall list. g. It shall be incumbent on the laid-off employee to ensure the City has infonnation pertaining to his most recent address for the purpose of recall. h. Employees shal] 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 recal] 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, 60 City Of Boynton Beach NCF&O/SEnJ Loca11227 White Collar Bargaining Unit ARTICLE 35 35.0 RECRUITMENT AND SELECTION 35. I In order for the City to be operationally competitive with other governmental entities as well as the private sector, the recruitment and retention of qualified employees is of paramount importance. To achieve maximum efficiency the City must have the flexibility to fill vacancies through either promotion or outside hiring. Vacant positions shall be filled in the best interests of the City through recruitment, selection, and promotion of employees on the basis of their qualifications and relative knowledge, abilities, and skills. 35.2 Basic Requirements 35.2.1 Human Resources is responsible for the nondiscriminatory implementation of this policy. 35.2.2 Each department is responsible for assisting the Human Resources Department with recruitment, interviews, tentative selections, and recommendations for appointment. Departments have no authority to modify or waive the provisions of the PPM. 35.2.3 Human Resources has primary responsibility for hiring employees. All employment discussions are to be considered non-obligatory, exploratory, and tentative in nature and should be indicated as such to the applicant. Any offers of employment made to an individual prior to obtaining all necessary authorizations shall not be binding on the City. 35.2.4 The City shall make every effort to fiJl open bargaining unit positions within sixty (60) days of the position becoming vacant, except that nothing here shall prevent the City ITom changing, modifying or eliminating vacant bargaining unit positions. 35.3 Procedures 35.3.1 Applications and Interviews 35.3.1.1 Once Human Resources has officially announced a job vacancy through the posting of an Employment Opportunity notice, the official recruitment process has begun, The recruitment process may be withdrawn for any position, provided that such is not arbitrary or capricious, upon written notice to the union by the Director of Human Resources. 35.3.1.2 Individuals desiring consideration for employment must submit an Application for Employment, or a resume to Human Resources. 61 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit Employees are encouraged to submit appJications for promotional opportunities. An applicants submitting a resume and granted further consideration shaH complete an AppJication for Employment. Veterans preference will be given in compJiance with current legislation. 35.3.1.3 Applications must be signed by the applicant. Falsification of any part of the Application for Employment or any related documents may, upon discovery, lead to the denial of an application, withdrawal of an offer of employment, or dismissal of the employee. 35.3.1.4 AH applications and resumes received by departments must be forwarded to Human Resources. 35.3.1.5 Applications for employment may be accepted by the Human Resources Department when there are current vacancies for a specified position. 35.3.1.6 When a vacancy occurs, previously submitted applications and resumes on file in Human Resources may be considered in addition to all new applications and resumes received until the established closing date or until the vacancy is fiUed. 35.3. 1.7 Certain classifications may require applicable testing prior to being given consideration. Human Resources will administer tests required and ensure that passing scores are attained prior to forwarding an application to a department for consideration. 35.3.1.8 Human Resources shall advise the appropriate Department Head of the eligible applications. 35.3.1.9 Upon receipt of the eligible applications, the department should: a. Review and evaluate all applications and resumes based on, but not limited to relative qualifications, knowledge, abilities, skills, education, experience, and certifications or licenses required in accordance with current class specifications; and, b. Prepare an interview schedule and communicate the departments intent with Human Resources prior to conducting interviews, For all positions covered under this bargaining agreement, a member of the bargaining unit, ÍÌ"om within the division or department and selected by the department head, shall participate on the interview panel. Human Resources may assist in scheduling, contacting, or co-interviewing ofappIicants at the request of the department; and, 62 City Of Boynton Beach NCF&O/SEIU Local 1227 White Col1ar Bargaining Unit c. Determine which candidates are most suitable for further consideration and proceed with additional interviews, if necessary; and, d. Determine whether the applicant pool not was sufficient prior to recommendation for employment. 35.3.2 Selection, Reference Checks and the Recommendation Process 35.3.2.1 Once the interview process has determined suitable applicants, the department shall be responsible for checking references. No inquiry regarding criminal records, credit history or medical conditions shall be made at this step of the evaluation. 35.3.2.2 Hwnan Resources may also conduct verifications regarding academic degrees, previous employers, character references. All information provided on the Application for Employment will be subject to verification as needed. 35.3.2.3 Once the results of reference checks and other verifications appear satisfactory, the department will be notified in order that processing may continue. 35.3.2.4 The department may then recommend an applicant for employment and submit the proper forms to Human Resources for processing. If the Department Director proposes a salary that exceeds the minimwn of the position's pay range, written justification must be included for consideration of the salary. 35.3.2.5 Upon receipt of a recommendation for employment and in conjunction with a tentative offer of employment, a pre-employment physical, which may include a drug test, for the applicant is then scheduled. Medical examinations must be satisfactorily passed to determine fitness to perform the duties of the position. At this step of the hiring process, Human Resource, with the assistance of the Florida Department of Law Enforcement (FDLE) shall check the prospective employee for a criminal record and may obtain, following the requirements of the Fair Credit Reporting Act, the prospective employee's credit. 35.3.2,6 After acceptance ofan applicant's physical examination and drug test results, criminal background check and credit check, if required, the Human Resources Director may authorize proceeding with the hiring process. 63 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit 35.3.3 Employment Acceptance 35.3.3.1 Employment acceptance must be made by the applicant within three (3) workdays of the department's employment offer, unless otherwise extended by Human Resources, If employment acceptance is declined, the department may consider another applicant from the recruitment's applicant pool, or the department may choose to begin a new recruitment. Employment Procedures shall be followed in either case. 35.3.3.2 The department must notify Human Resources of the tentative hire date. New employees must provide proof of work eligibility and verification of identity to the City. Human Resources will forward the necessary employee paperwork to the Finance Department for payroll purposes, 35.3.4 Orientation Human Resources shall schedule and conduct a general orientation program for all new employees to explain the City's history and organization, to complete benefit program enrollments, and to stress the use of safe work practices. 64 NCF &O/SEIU Local 1227 White Collar Bargaining Unit City Of Boynton Beach ARTICLE 36 36.0 SAFETY AND HEALTH 36.1 The City shan 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. 36.2 Employees who are in positions designated by the Safety Committee wiJI receive a shoe wage allowance of $190.00 each year for safety shoe/boots payable once for each year of this Agreement. The City/Safety Committee will be responsible for deciding which positions require the wearing of safety shoes based on OSHA standards and recommendations. Management shall determine the type and quality of such shoes. 36.3 Employees who fail to wear proper safety equipment when required are subject to disciplinary action. The City shall provide specialty shoes/boots as necessary, at no cost to the employee, such as di-electric boots or after documentation from a physician indicating a medical condition exists. 36.4 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. 65 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 37 37.0 INSURANCE 37.1 The City shan pay the total medical insurance, dental insurance, and vision care premiums for all regular employees. The employees will pay the full cost of medical insurance, dental insurance, and vision care premiums for their dependents. Existing or comparable coverage shaJl 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 of the city's bargaining units. Bargaining unit representatives shall be designated by the Union. The final decision regarding selection of coverage is reserved to the City, but the City shall strongly consider input and recommendations from the insurance committee. 66 City Of Boynton Beach NCF&O/SEIU Loca11227 White Collar Bargaining Unit ARTICLE 38 38.0 PERSONNEL FILES 38.1 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. 67 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 39 39.0 TUITION ASSISTANCE PROGRAM 39.1 PURPOSE Defines the Tuition Assistance Program, which reimburses eligible employees for successful completion of approved courses up to a $1,500.00 cap for Associate degrees, a $2,000.00 cap for Bachelors degrees, and a $3,000.00 cap for graduate degrees per fiscal year for tuition and books. The City makes no commitment to employees that advancing their education will result in either a promotion or pay mcrease. 39.2 SCOPE 39.2.1 The provisions of this procedure shaH apply to aJl full time employees who choose to attend an accredited coJlege or university to pursue an approved degree course. 3922 LIST OF RESPONSIBILITIES: a. AJI full time Employees b. Division Heads c. Department Managers d. Tuition Assistance Coordinator e. Director, Organizational and Strategic Development (OSD) f. Human Resources 39.2.3 DEFINITIONS 39.2.3.1 Fun time employee - an employee who has completed one year of service with the City after hiring or promotion to full time status. 39.2.3.2 Tuition Assistance Coordinator - Assigned designee who coordinates the Tuition Assistance Program. 39.2.3.3 Director, Organizational and Strategic Development _ Assigned person who supervises the Tuition Assistance Program. 39.2.3.4 CAP - Upper limit on dollar amount that the City shall reimburse. 68 City Of Boynton Beach NCF&O/SEIU Local 1227 White Conar Bargaining Unit 39.3 REQUIREMENTS 39.3.1 Eligibility 39.3.1.1 Applicants shall be full-time employees and meet the following performance and length of service requirements prior to beginning classes. 39.3.1.2 Full time employees who have completed their one-year probation. Part-time and Temporary Employees shall not be eligible to receive tuition assistance. 39.3.1.3 Employees must maintain a minimum or comparable rating of "meets standards" on performance reviews in order to remain eligible for tuition assistance. 39.3.2 Application 39.3.2.1 Employees may apply for reimbursement limited to $1,500.00 per AA or AS, $2,000.00 per BA or BS, and $3,000.00 for graduate degrees cap per Fiscal Year by completing the Application for Tuition Assistance form (PDF. 021) available in the Organizational & Strategic Development department, Human Resources departments, and on the "S" drive. 39.3.2.2 Application is restricted to tuition and texts only for approved courses required in the program. 39.3.2.3 Approval Cycle: Completed applications for Tuition Assistance should be submitted by the applying employee to their manager for approval, then sent through their area signature cycle, including their Division Director and then to the Tuition Assistance Coordinator who win submit it to the Director Organizational & Strategic Development for final approval. 39.3.2.4 The Director Organizational and Strategic Development must approve applications prior to attending the first class to verify the class is eligible for reimbursement. Employees who begin classes prior to approval by those listed on the Approval Cycle will not be reimbursed. Incomplete applications wi]] be returned to the employee and will delay approval. 69 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit 39.3.2.5 Original receipts for tuition and books should be sent to the Tuition Assistance Coordinator as soon as they are available. Reimbursement wj)] not be made without original receipts. 39.3.2.6 Final approval of all Tuition Assistance applications rests with the Director of Organizational & Strategic Development. Job- relatedness as determined by the City shaH factor significantly into the City's decision to approve a given course or program. 39.3.2,7 Once approved, a copy of the application shall be returned to the employee. This copy should be saved and re-submitted with the original course grade at the end of the course to the Tuition Assistance Coordinator, Courses or books that are rejected from reimbursement shall be noted on the copy. 39.3.3 Selection of courses and schools 39.3.3.1 Tuition Assistance is granted at the City's sole discretion for individual courses based on course content and job-related factors. Generally, courses must aid employees to improve perfonnance in their present job or prepare for advancement within the City. All courses in a degree program shall not be automaticaHy covered. Electives must be chosen to provide the greatest benefit for the employee's current position or a future position within the organization. 39.3.3.2 Colleges and universities must be accredited by the appropriate regional accrediting association, and must be included in Florida's Independent Licensed and Accredited Colleges and Universities and/or the Directory of Accredited Institutions. 39.3.3.3 Colleges and Universities granting degrees by distance learning media must be accredited by the appropriate regional accrediting association, and must be included the Directory of Accredited Institutions. The availability of courses at a community college or four-year university in the local area, as weH as the ability of the employee to attend these classes, shaH be a determining factor in approving a correspondence course. 70 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit 39.4 Ineligible Courses 39.4.1 39.4.2 39.4.3 39.4.4 39.4.5 39.4.6 39.4.7 Certain courses shaH be considered ineligible for reimbursement under all circumstances, even if they are a degree requirement. Examples of these types of courses are: physical education and sex education classes. Seminars, of any kind, shall not be reimbursed under the Tuition Assistance Program. The Tuition Assistance Program shaH not cover classes that earn Continuing Education Units (CEUs). Review courses designed to "coach" the participant to improve their chances in passing a test, such as a CPA examination or college entrance test (SAT), shall not be covered. Courses that are graded on a pass/fail option shall not be eligible. Courses that officially began prior to the employee becoming eligible for tuition assistance shall not be eligible. Courses issuing credit for "Life Experience" or Portfolios shall not be covered. 39.5 Materials and Fees 39.5.1 Eligible for reimbursement. 39.5.1.1 One hundred percent (100%) of tuition shall be reimbursed if a grade of "B" or better is earned. Fifty percent (50%) of tuition shall be reimbursed if a grade is "C." There shall be no reimbursement for courses where the earned grade is below "C." 39.5.1.2 Cost of all required books for which an original receipt is submitted shall be reimbursed. Employees may be required to provide documentation that their professor or instructor requires certain books. 39.5.2 Ineligible for Reimbursement. 39.5.2.1 The following fees shall be ineligible for reimbursement: activity, administrative, application, course change, entrance exams (e.g., 71 City Of Boynton Beach NCF&O/SEID Local 1227 White Collar Bargaining Unit SA T, GRE, GMA T), graduation, health, laboratory, late registration, library, parking, registration, transcript, etc. 395.2.2 The following equipment, supplies or miscellaneous costs shall be ineligible for reimbursement: pens, pencils, folders, notebooks, study guides, private tutoring, calculators, tape recorders, photographic equipment or supplies, computer equipment or supplies, software, etc. 39.6 Tuition and Books 39.6.1 Eligible for Reimbursement 39.6.1.1 The maximum per hour reimbursement will be based on the current tuition rates at Public institutions in the area, and is limited to tuition and texts only for approved courses. 39.6. 1.2 The approved copy of the Application for Tuition Assistance form shall be documentation that the employee is eligible for Tuition Assistance in accordance with City policy. This approval does not imply the City will accept responsibility to pay the employees tuition to the school or any other party. 39.6.1.3 Tuition and books which are paid by student loans are covered under this policy. Employees must produce proof of student loan if they are not the payee on the registration documentation. 39.6.1.4 Employees will be reimbursed the difference between the amount covered by non-refundable financial assistance and the total cost of tuition and books up to the maximum of the amount allowed under this policy when the cost of tuition and books exceed the limit of the scholarship or financial aid, Employees must provide proof of financial aid and or the value of the scholarship 39.6.2 Ineligible for Reimbursement 39.6.2.1 Courses which are covered under any non-refundable financial aid, including scholarships, and government assistance, are not covered under this policy. Employees may not submit claims for reimbursement for tuition or books, which are covered by non-refundable financial assistance. 72 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit 39.7 Tenninated employees 39.7.1 If an employee receives approval for a particular semester and begins attending classes, but is involuntarily terminated by the City prior to the completion of the courses, the City may at its sole discretion reimburse the covered expenses. The course must have already started prior to the involuntary termination for reim bursement to be paid. 39.7.2 Employees who voluntarily leave their employment or are terminated "for cause" wiJI be required to reimburse the City ] 00% of the tuition assistance received during the 24 month period prior to their termination date. 39.8 Submission of Grades 39.8.] 39.8.2 39.8.3 39.8.4 39.9 Disbursement 39.9.1 39.9.2 A copy of the approved Application for Tuition Assistance form or a facsimile shaH be re-submitted to the Tuition Assistance Coordinator along with the original grade report and any remaining original receipts. Approved applications will be held for four (4) weeks after the anticipated course completion date. Grades or receipts not presented by this time shall not be reimbursed. Employees will usually be reimbursed for approved courses within four weeks from submission of the final grade report. All reimbursements shall be paid by City check. If a degree is earned, a copy must be submitted to the Tuition Assistance Coordinator so that it may be included in the employee's file. Tuition assistance will be granted up to and including available funds in the budget for the fiscal year. At no time will reimbursements exceed the available funds in the current fiscal year budget. Reimbursements will not be retroactive and will cover only those classes taken in the fiscal year in which they applied. 39.10.1 39.10 Responsibility and Authority Management, at all levels, shall be responsible for enforcing this policy within their area. 73 City Of Boynton Beach NCF&O/SEIU Local ]227 White Collar Bargaining Unit 39.10.2 The interpretation and administration of this policy shall be the responsibility of the Director of Organizational and Strategic Development 39.10.3 The Director of Organizational and Strategic Development or assigned designee, shaH be responsible for the audit, approval, and processing of tuition assistance applications and reimbursements. 74 City Of Boynton Beach NCF&O/SEIU Local 1227 White CoIIar Bargaining Unit ARTICLE 40 40.0 GENERAL PROVISIONS 40.1 Except in the case of negJigence 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. 40.2 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. 40.3 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. 40.4 AU uniform pieces and any uniform shoes required by the department to comply with departmental appearance standards shall be supplied by the City All uniform articles will be provided through the City's warehouse. 40.5 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. 40.6 No alcoholic beverages are to be purchased or consumed while wearing a City polo shirt or a City uniform. 40.7 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. 75 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 41 41.0 DUES DEDUCTION 4 1.1 For all union business, employees covered by this agreement should first contact their union steward. Employees covered by this Agreement may on the prescribed fonn, authorize payroll deduction for the purpose of paying LOCAL 1227 dues deductions and/or COPE deductions. Employees shall receive copies of the fonn from either the City Finance Department or their Union office. 41.2 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 writing over the signature of an authorized officer of the Union. Changes in Union membership or COPE dues win be similarly certified to the City and shall be done at least one (J) 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 shan prepare and mail notice of such change to the City's Finance Department. 41.3 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 wiJI be remitted to the union in a separate check on a quarterly basis beginning April 2004, 4].4 For the purpose of putting this article into effect. the Union will furnish fonns for such individual authorization reading as foI1ows: 76 City Of Boynton Beach NCF&O/SEID Local 1227 White Collar Bargaining Unit NOTICE TO CITY AND UNION AUTHORIZATION FOR DEDUCTION/DISCONTINUA TION 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. _I 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 of the 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. Signature Date Job Tide Name Printed Social Security No. 77 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 42 42.0 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. 78 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 43 43.0 SUBSTANCE ABUSE 43.1 The NCFO, LOCAL ]227 recognizes and supports the City's Drug Free Workplace Policy as adopted in City Code 2-] 9 and will work with the City to enforce the provisions of the policy, The City's Drug Free Workplace Policy appJies to all members of this bargaining unit. Drug testing procedures and positive test levels shall be as set forth in Florida Statute I ]2.0445, 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. 79 City Of Boynton Beach NCF&O/SEIU Loca11227 White Collar Bargaining Unit ARTICLE 44 44.0 PRODA TIONARY PERIOD 44.] In order to detennine that each employee is placed in a position most likely to result in a successful career at the City, all newly hired or promoted employees shaH be required to complete a probationary period. 44.2 New Hire (FuH-time): Each new full-time employee must successfully complete a probationary period of twelve months from the date of hire, Promotion from Part-Time to Full-Time: Each promoted employee must successfully complete a probationary period of twelve months from the date of promotion. Upon successful completion of the probationary period, the probationary employee will be considered a regular employee. 44.3 Promotion to a Higher Graded Position: Each promoted employee must successfully complete a probationary period of six months from the date of promotion. Note: Applicants for promotion must have been in their current position for a minimum of six months and have a Meets Standards or higher perfonnance rating. 44.4 Transfer to a different position, whether in the same or a lower grade: Each transferred employee must successfully complete a probationary period of six months from the date of transfer. Probationary employees, whether in their first year as an employee or in their six-month promotional probationary period have no property entitlement to their position. 80 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 45 45.0 LONGEVITY BENEFIT 45.1 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 45.2 Employees wiH receive a cash Lump Sum Bonus as follows: On the employees fifth (5th) anniversary a lump sum payment of $500. On the employees tenth (10th) anniversary a lump sum bonus payment of $ 1000. On the employees fifteenth (15th) anniversary a lump sum bonus payment of$I,500. On the employees twentieth (20th) anniversary a lump sum bonus payment of $2,000. On the employees twenty-fifth (25th) anniversary a lump sum bonus payment of$2,500. On the employees thirtieth (30th) anniversary a lump sum bonus payment of $3,000. On the employees thirty-fifth (35th) anniversary a lump sum bonus payment of $3,500. On the employees fortieth (40th) anniversary a lump sum bonus payment of $4,000. 45.3 Any pay earned for Longevity Benefits is subject to required Federal deductions. 45.4 Employees who terminate from the City employment prior to their hire anniversary date will not be entitJed to benefits. 81 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 46 46.0 BONUS INCREASES 46.1 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 fonns by the Department Head. This bonus wiU not affect the employees pay grade and step. Funds for the bonus win be budgeted as a separate aJJowance and administered under the direct control of the City Manager. Employees are not automaticalJy entitled to bonus is a system where top perfonnance 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 perfonnance must be substantiated by the supervisor and the Department Head using the prescribed fonns furnished by the City Manager. 82 City Of Boynton Beach NCF&O/SEIU Local 1227 White CoJlar Bargaining Unit ARTICLE 47 47.0 LABOR-MANAGEMENT 47.1 A joint labor/management committee composed of an equal number of representatives from the union and management shall meet within ninety (90) 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 detennined by the committee. During the first meeting, the committee shall determine a meeting schedule to be implemented. 83 City Of Boynton Beach NCF&O/SERJ Local 1227 White ColJar Bargaining Unit ARTICLE 48 48.0 SA VINGS CLAUSE 48.1 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. 84 City Of Boynton Beach NCF &O/SEIU Local 1227 White Collar Bargaining Unit ARTICLE 49 49.0 MAINTENANCE OF CONDITIONS 49.1 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. 49.2 If past practice or status quo is raised at any time during the term of this contract, then the Union and City agree to document the resolution of the status quo or past practice by Letter of Agreement, and such letter of agreement shall not survive this agreement unless incorporated into future agreements. 85 City Of Boynton Beach NCF&O/SEIU Loca11227 White Collar Bargaining Unit ARTICLE 50 50.0 POSTING OF AGREEMENT 50.1 The City will maintain a copy of this Agreement for inspection in the Human Resource Department. 50.2 The City wiU post a copy of this agreement, as ratified, on the City's web page. 50.3 The City wiU provide the NCF&O with a copy of this agreement on compact disk. 50.4 The City will provide each new employee with a copy of this Collective Bargaining Agreement at the time of their initial orientation. 86 City Of Boynton Beach NCF&O/SEIU Local 1227 White ColJar Bargaining Unit ARTICLE 51 51.0 COLLATERAL DOCUMENTS 5].] This Collective Bargaining Agreement does not exist in a void. Provisions of the City's PPM, APM, Departmental Ru]es, and other policies established by resolution or ordinance (collectively referred to as collateral documents), are appJicable to bargaining unit members unless the terms of said collatera] documents conflict with the terms of a specified articlein this agreement, in which case the terms of this Agreement shall controL 51.2 Nothing herein shall be interpreted to precJude the right of the Union or City to impact bargain, subject to applicable law. . 87 City Of Boynton Beach NCF&O/SEIU Local ]227 White CoIlar Bargaining Unit ARTICLE 52 52.0 DURA TION 52.1 This Agreement shan become effective on ratification by both parties as prescribed by Chapter 447, Florida Statutes and remain in fun force and effect until September 30, 2006. No wage or benefit provided herein is retroactive in nature prior to the effective date of this Agreement. Wage and benefit levels existing on September 30, 2006 shan be frozen as of that date and shall constitute the status quo during any period of negotiations for a successor agreement. Agreed to this day of , 2005 by and between the respective parties through the authorized representatives of the Union and the City. NA TIONAL CONFERENCE OF FIREMEN & OILERS, SEIU, AFL-CIO,CLC PRESIDENT Sharon Munley Witness Witness _. '-.. -. '-.. -. .-.. _.. -.. -.. - '. -..- ..-. '-.. -.. _. --.. -..-.. -.. -.. -" _.. -"- CITY OF BOYNTON BEACH '-"_'0_.._..-..-.. MA YOR Jeny Taylor Witness -..-.. -"- ..- "-"-.. -.. - "-.. -"-"-" -. .-.. _. '-.. -" -" _. '-.. -"-.. _.. -.. - -.-. "-.. -.. -. '-.. ATTEST CITY CLERK Janet Prainito Witness -.. - "-.. - "-"-" -.. _.. - "-"-.. -"-" - n_. '-.. _ "-'.-.. _n_. '-.. _.._.. _ n _.._.. _.._ .._.. _ n APPROVED AS TO FORM AND CORREClNESS CITY ATTORNEY James Cherof CITY MANAGER Kurt Bressner Date ratified by Commission: Date ratified by Union: 88 City Of Boynton Beach NCF&O/SEIU Local 1227 White Collar Bargaining Unit