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R05-174 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION R05 - II ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE NATIONAL CONFERENCE OF FIREMAN AND OILERS, SEIU, AFL-CIO, LOCAL 1227 (NCF&O) TO RESOLVE SEVERAL ISSUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the National Conference of Fireman 17 and Oilers, Local 1227, (NCF&O) have negotiated and reached agreement to resolve the 18 issues of Hurricane/Emergency Pay, Standby and Callout Pay, Reclassification Pay, and 19 Grievance and Disciplinary Appeal Procedures; and 20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 2t the best interests of the residents and citizens of the City to ratify this Memorandum; 22 23 24 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. The foregoing "WHEREAS" clauses are true and correct and hereby 27 ratified and confirmed by the City Commission. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby ratify the Memorandum of Understanding between the City of Boynton Beacp and 30 the National Conference of Fireman & Oilers, Local 1227, a copy of which is attached 31 hereto and made a part hereof. 32 Section 3. This Resolution will become effective immediately upon passage. S:\CA\RESO\Agreem<;,:nl,,\BBPD\MOLl ~ J1lue and White_doc II PASSED AND ADOPTED this IB_ day of October, 2005. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 CITY OF BOYNTON BEACH, FLORIDA CommISSIOner l~t. '~Jv-- Commissioner 27 m. ~~lc S:\CA \RESO\Agrt:ements\BBPD\MOU - Blue and White.doc f!C5-/7t/ MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this ~ day of Oa-oW , 2005, by and between the CITY OF BOYNTON BEACH (the "CITY") and the NATIONAL CONFERENCE OF FIREMAN, OILERS, SEIUAFL-CIO, LOCAL 1227 (the "UNION") for the purpose of modifying an existing Collective Bargaining Agreement between the CITY and the UNION. WHEREAS, the CITY and the UNION have entered into a Collective Bargaining Agreement, the term of which expired September 30,2004 (Agreernent"); and WHEREAS, the CITY and the UNION are engaged in an impasse proceeding for a successor Collective Bargaining Agreement; and WHEREAS, there are several pending grievances between the CITY and the UNION, which the parties believe can be resolved as hereinafter set forth. NOW THEREFORE, the CITY and the UNION agree as follows: I. The foregoing whereas clauses are true and correct. 2. The parties have negotiated and reach agreement to resolve the following issues as set forth in the attached Exhibits: Exhibit A Hurricane Pay/Emergency Pay Exhibit B Standby and callout pay Exhibit C Reclassification pay Exhibit D Grievance and Disciplinary appeal procedures 3. Following ratification of this MOU, the provisions of the foregoing Exhibits shall constitute resolution of all grievances and disputes pending or threatened on the issues listed above. The parties agree to withdraw any conflicting proposals in the pending impasse proceeding and agree that their agreement as set forth in this MOU constitutes the controlling status quo on the issues. 4. The Memorandum of Understanding shall become effective as of the date it is ratified by both parties. 5. Nothing herein shall be interpreted or construed in any manner which would preclude either the CITY or the UNION from bargaining any other rnatter not specifically addressed in this Memorandum of Understanding. S:\CA \Collective Bargaining\NCF&O\Blue Collar\MOUcallouthumcaneKB090805.doc Rev. 08-16-05 w/revisions dated 9/5/05 I THE CITY OF BOYNTON BEACH h"F7k'-- Mati ~ City Manager NCF&O, SEIU AFL-CIO, LOCAL 1227 (blue collar) ~fl./h-.'~ -:Y _~ / \ rl /../// ) "Y$?..,-r- .j::'~~ Umon Representative 10-18-oS Date Ratified Date Ra~e! p j ATTEST: h A- Attorney S:\CA \Collective Bargaining\NCF&O\Blue Collar\MOUcallouthurricaneKB090805.doc Rev. 08~16.05 w/revisions dated 9/5/05 2 EXHIBIT "A" HURRICANE PAY (EMERGENCY PAY 1. The following bargaining unit members will be paid hurricane pay in full settlement of the pending grievance over hurricane pay for the 2004 hurricane season: See list attached hereto as Exhibit A-I 2. The City will utilize the terms of the CBA for Blue Collar Employees for the 2005 Storm Event called Katrina. The effective local emergency declaration period for said storm was from 12:00 PM (EDT) (noon) on Thursday, August 25, 2005 until 5:00 PM (EDT), Friday, August 26, 2005. 3. Hurricane (emergency) pay shall hereinafter be paid in accordance with the provisions of City Ordinance 2005-036. S :\CA \Collective Bargaining\NCF&O\Blue Collar\MOUcallouthurricaneKB090805.doc Rev. 08-16-05 w/revisions dated 9/5/05 REVISED -10/11f05 CITY OF BOYNTON BEACH WHITE COLLAR GRIEVANCE ------------------ -- -- -- ----------------------------- - ------------ ------ --------- - _t!~ic::;al1~ Pay ________n__ --------- Amount - ------------------ - -- ---- -- - ---------- Employee Full Name Position Due ALLEN. BRENT R UTILITIES FIELD INSPECTOR 867.24 ALLEN, LEONARD D. WATER PROCESS TECHNICIAN 400.80 BEAN. RENE A. COMMUNICATIONS SPECIALIST 900.45 BEAVER. DEBORAH ADMINISTRATIVE CLERK 429.60 BENNETT MICHAEL A LIBRARY ASSOCIATE 393.12 BINGHAM. CARISSA L POLICE RECORDS CLERK 655.20 BISHOP, CATHY E POLICE RECORDS CLERK 393.12 BITTERLlNG, LINDA L COMMUNICATIONS SPECIALIST 600.30 BORGES GLORIA E. LABORATORY TECHNICIAN SR 524.37 BRENNER. EDMUND R SERVICE WRITER 877.50 BRYANT. MARIO P COMMUNICATIONS DISPATCHER 934.80 CAIN, COURTNEY C. CODE COMPLIANCE OFFICER 711.36 CARIM. FELIX CONSTRUCTION INSPECTOR 436.56 CASSA. SHIRLEY POLICE RECORDS CLERK 477.00 CELIA, FELICIA R. COMMUNICATIONS DISPATCHER 978.60 CLEGHORN, DENISE D. ADMINISTRATIVE CLERK 477.72 COLLET, CHRIS ARBORIST 537.12 COLLINS, SUSAN S. RECORDING SECRETARY 577.44 CONKLIN. CHRISTINE ADMINISTRATIVE CLERK 542.52 CORCORAN. TERRY POLICE RECORDS CLERK 334.80 CROMARTIE. MERRI ANNE ADMINISTRATIVE CLERK 153.12 DAVIS. DEBBY J. ASSISTANT FIRE MARSHALL 885.15 DAVIS. FLORENCE R CUSTOMER RELATIONS CLERK. SR 393.12 DAVIS. TENISHA LIBRARY ASSOCIATE 0.00 DOBARD. TIA CUSTOMER RELATIONS CLERK. SR 457.92 DONOVAN, RICHARD R PLAN REVIEW ANALYST. SR. 1001.16 ECHEVARRIA. MELISSA M ADMINISTRATIVE CLERK 393.12 EICHORST. ROBIN A. CRIME SCENE TECHNICIAN 573.12 ELIZONDO, ARSENIO R. LABORATORY TECHNICIAN SR 595.80 ERSKINE, WILLIAM C. PLAN REVIEW ANALYST. SR. 767.52 EZZELL. GARY CHEMIST/QUALITY ASSUR OFFICER 578.03 FELlTTI. ANTHONY M COMMUNITY SERVICE OFFICER 576.96 FRYE BEVERLY K COMMUNITY SERVICE OFFICER 432.72 FULLERTON, ELIZABETH ADMINISTRATIVE CLERK 595.44 GALL. DANIEL BUILDING INSPECTOR. SR. 736.20 GILMORE, KELLE L. COMMUNICATIONS DISPATCHER 500.10 GREGORCHIK, MICHAEL J BUILDING INSPECTOR 571.32 GUIFARRO. CHRISTINA B. PERMIT APPLICATION TECHNICIAN 482.04 HALL. KENNETH R ENGR PLANS ANAL YSTlINSPECTOR 930.96 HALL, OUIDA S. ADMINISTRATIVE CLERK 417.24 HAYS. LYNN A PERMIT APPLICATION TECHNICIAN 745.56 HERNDON, KENNETH FINGERPRINT EXAMINER 581.40 JAHNKE. JOSEPHINE A. PLAN REVI EW ANALYST 658.80 JENKINS, JACQUELINE YVONNE CUSTOMER RELATIONS CLERK. SR 417.24 KATZ. GAIL S LIBRARY ASSOCIATE 280.98 KELLY. CYNTHIA L. ADMINISTRATIVE CLERK 669.96 LAFONTANT,FRANTZ ENGR PLANS ANAL YSTlINSPECTOR 704.52 LAVERDURE. RICHARD J. CODE COMPLIANCE OFFICER 594.36 LEE, SELWYN R FIRE PLANS REVIEWER/INSPECTOR 709.20 LEWIS. EDGAR J. CODE COMPLIANCE OFFICER. SR 780.48 LEWIS, MONIQUE COMMUNICATIONS SPECIALIST 600.30 LLOYD. VICKI L. ADMINISTRATIVE CLERK 501.48 MACINTYRE, JAMES ASSISTANT FIRE MARSHALL 1 043.55 MADDEN. BARBARA M. RECORDING SECRETARY 617.04 MADIGAN, LAURIE A ADMINISTRATIVE CLERK 643.32 MCCOY EVELYN L COMMUNITY SERVICE OFFICER 576.96 MCCRAY. KATIE MAJOR ASSISTANT FIRE MARSHALL 645.30 MCCRAY. PETER OCCUPATIONAL LICENSE INSPECTOR 529.92 MCDEAVITT. AMY EMS BILLING SPECIALIST 554.40 MCKESSY. ALEXANDRA V POLICE RECORDS CLERK 524.16 MCSWEENEY. THERESA M COMMUNICATIONS SPECIALIST 601.20 MEEKER, ELIZABETH A LABORATORY TECHNICIAN 669.24 MELILLO. MICHAEL J CODE COMPLIANCE OFFICER. SR 866.52 MOYSE. ROSELINE CUSTOMER RELATIONS CLERK, SR 430.65 OWENS. MONIQUE OFFICE ASSISTANT. SR. 419.76 Ii -/ ~c:..s f.\J REVISED -10/11/05 CITY OF BOYNTON BEACH -- ---- WHITE COLLAR GRIEVAN~ - - --- ------ ----------- --------- -- u _ ___ __Jt~rric~l!!~~L_ ----- ----- -- ------- -------- --- --- - ---- Amount Employee Full Name Position Due PAGLIARULO. JOHN A. PLAN REVIEW ANALYST. SR. 485.52 PAIT, BRITTON P. SERVICE WRITER 481.68 PAQUETTE, JEAN ADMINISTRATIVE CLERK 489.24 PATE. JEANETTE L. CUSTOMER RELATIONS CLERK. SR 471.96 PFIEL. DAWN M. ADMINISTRATIVE CLERK 443.96 PHILLIPS. MARK A LABORATORY FIELD TECHNICIAN 0.00 PICA, ANTHONY N. ELECTRICAL INSPECTOR 644.04 PIERRE, VESTIGUERNE CODE COMPLIANCE OFFICER 686.86 PREITE. DENNIS A. ENGINEERING TECHNICIAN 706.68 PRIEST, JAMES A PLAN REVI EW ANALYST 661.68 REILLY, SHARON ADMINISTRATIVE CLERK 525.96 RICHARDS. NORMA JOY POLICE RECORDS CLERK 484.92 ROCKEY. CLIFFORD W. UTILITIES FIELD INSPECTOR 721.08 ROEHRICH. ELIZABETH ANIMAL CONTROL OFFICER 670.68 ROGERS. LESLIE S. COMMUNICATIONS DISPATCHER 801.45 ROSA. LORETTA P CUSTOMER RELATIONS CLERK. SR 393.12 ROSS. KYLA L. CUSTOMER RELATIONS CLERK. SR 449.28 ROSSI. LILLIAN M ADMINISTRATIVE CLERK 625.68 SCHOEBERGER.JOSEPH CUSTOMER RELATIONS CLERK, SR 572.04 SCOTT, BARBARA G. ADMINISTRATIVE CLERK 458.48 SILVERMAN. AUDREY R. ADMINISTRATIVE CLERK 0.00 SMITH. CHERYL D. CUSTOMER RELATIONS CLERK. SR 471.96 SMITH, JUDITH C. POLICE RECORDS CLERK 463.68 SOODEEN. NANDANIE SARAH CUSTOMER RELATIONS CLERK. SR 283.44 STEG,GLEN BUILDING INSPECTOR 705.24 STIMPSON. TARA ANN OFFICE ASSISTANT. SR. 403.56 SURAJBALL Y. SUNIL CODE COMPLIANCE OFFICER 611.28 SUYONO. CHANDRA R. POLICE RECORDS CLERK 455.04 THOMPSON, KEITH R. CUSTOMER RELATIONS CLERK. SR 503.28 TITCOMB, FRANCIE ADMINISTRATIVE CLERK 550.44 TROTT. TRACY M PLUMB/MECHANICAL INSPECTOR 571.32 TYSON, LANCE A. COMMUNICATIONS DISPATCHER 500.40 WEBB, WILLIE J CODE COMPLIANCE OFFICER. SR 789.12 WELSH. PAMELA L. ADMINISTRATIVE CLERK 434.52 WESTERMAN, LUANN S. ASSISTANT FIRE MARSHALL 562.20 WILSON. ANGES YVONNE CUSTOMER RELATIONS CLERK. SR 483.12 WOOTEN DON F. CRIME SCENE TECHNICIAN 445.68 102' 57,463.57 ek"S: CITY OF BOYNTON BEACH BLUE COLLAR GRIEVANCE Hurricane Pay Amount Employee Full Name Due ADAMS, WILLIE M. 603.00 ALEXANDER, RANDOLPH 414.00 ALLEN, LEONARD D. 400.80 ANDERSON, JEFFERY 543.92 ANTONUCCI, DARREN 478.20 ANTONUCCI, TODD R. 456.00 ARTHUR, CRAIG A. 0.00 ASKINS, LEWIS 573.90 ATTANASIO, SILVIO 475.37 AYERS, GEORGE W 363.96 BABCOCK, FORD W. 474.30 BARNES, CHARLES LEONARD 848.25 BECKLES, BETTY JOE 720.36 BERGMAN, RONALD 877.50 BLACK, LINTON C 666.45 BLACKSIN, FREDERICK M. 397.44 BLlMEGGER, FREDERICK W. 501.30 BLOCK, EDWARD J. 747.00 BORNICK, VICKIE L 565.56 BROCK, ALAN J 600.96 BROWN, CARL TON L 706.68 BROWN, JUSTUS G 814.68 BURNS, JOHN E. 318.48 BYERS, JOHN R. 566.40 CALDWELL, CHRIS 533.16 CANE, JONATHAN D. 446.70 CANE,ROSA 137.04 CARRION, ALEXANDER 281.04 CLARK, SILAS 690.00 COLLET, NANCY A. 502.56 COLLIN, MICHAEL 751.68 CRUIT, RICHARD 337.36 DAMUS, ELlFAITE 518.76 DAUTA, RAMON 606.30 DAWSON, NORMAN C. 667.80 DAZZO, MICHAEL A. 484.20 DELLlBOVI, NICHOLAS 672.12 DERONCELL Y, JEAN 468.36 DEZILME, ALCEGUEUR 346.32 DOR, ASNOR 508.68 DOUGLAS, C. NORMAN 1,119.60 DOWDELL, JEFFREY R. 585.36 DUPERVIL, DIEUDONNE 377.28 EDWARDS, CHARLENE D. 503.10 EICHORST, RUSSELL A 984.60 ELLIS, KEITH L. 1,024.65 ESPINOZA, MELISSA M. 569.25 FALSTAD, ERIC A 815.76 FERGUSON, BRUCE B. 616.32 FOSTER, STANLEY L. 747.36 FRANKLIN, PATRICK 434.16 REVISED - 09108/05 ~v CITY OF BOYNTON BEACH BLUE COLLAR GRIEVANCE Hurricane Pay REVISED - 09/08/05 Amount Employee Full Name Due FREEMAN, ALBERTO 274.32 GALL, GUS 542.25 GALLOWAY, ALEN 0.00 GARCON, ERMICA 378.36 GAYLE, lAIN E. 578.88 GERECKE, KENNETH R 976.95 GLASS, DAVID J 631.20 GODFREY, RONALD E 622.80 GONZALEZ, CATHY 0.00 GRAHAM, ARKANSAS 626.76 GREEN, IRVIN 516.90 GREEN, PAUL F. 423.00 GREENE, ROBERT F. 534.96 GUIDRY, ERIC 596.16 GUIDRY, JESSICA V. 388.44 HALL, BARRY W 649.44 HAMILTON, KATHERINE 594.36 HARBOL, DONALD L 649.80 HARDY, DION P. 451.80 HARMON, ARTHUR 0.00 HARVEY, FRANK G. 494.10 HATCHER, ALLEN 837.00 HESS, ROBERT D 621.00 HICKMAN, CLARENCE 495.72 HILLMAN, TERRY T. 345.06 HOLDAM, JACK P. 663.48 HOLLIS, REGINALD LENARD 418.50 HOLLIS, ROBERT L. 433.20 INGLESE, FRANK 524.40 ISOM, KAREY R. 518.40 IVY, WENDELL 562.68 JACKSON, ANDRA R. 783.72 JENKINS, CARLOS 474.84 JOHNSON, THORLEY D. 411.84 JOHNSON, THORN DALE 729.60 JONAS, REGINALD 548.64 JONES, BYRON D 562.20 JONES, ROBERT 409.32 JONES, TIM 431.10 JORDAN, DOVIT 474.00 KELLY, PHILIP J. 358.56 KENDRICK, SAMUEL N. 361.20 KRUPER, ROBERT R. 268.35 LADD, MARK P 685.50 LAMONS, EDWARD 497.52 LARSONS, ROBERTA 455.76 LATONE, PAUL R. 390.87 LAW, MARK G 374.76 LEPAGE, LAWRENCE G. 502.20 LEPAGE, LAWRENCE GEORGE 354.24 LESTER, LURA L 545.76 Q....v...~ CITY OF BOYNTON BEACH BLUE COLLAR GRIEVANCE Hurricane Pay REVISED - 09/08/05 Amount Employee Full Name Due LOUIS, RAMEAU 421.92 MACKER, JOHN C JR 450.00 MAHDI, KALEM 431.28 MARK, JEFFREY 506.25 MATHIS, JAMES D. 488.40 MATTHEWS, JOE L. 463.50 MCCRIEF, RONALD A 918.90 MCGEE, PERNELL E. 480.24 MIERKE, LANSON R 498.60 MILLER, DAMIAN L. 394.80 MILLlNES, DURON R. 640.80 MIMS, JAMES ALLEN 714.60 MITCHELL, RAYANTHONY 745.65 MONCRIEF WILLIAM S 333.72 MOORE, ALTON 414.60 MOORE, HENRY J. 172.68 MURDAUGH,JONATHAN 410.04 NEWTON, RODNEY L. 702.36 NIESOLOWSKI, DIANE L. 507.15 NORFUS, MICHAEL 422.28 ODOM, ERIC L 250.08 OLSON, CHRISTOPHER 426.30 ORSENO, GREG M. 361.80 OSBORN, MICHAEL L. 745.56 PATTERSON, JOHN L 502.20 PERALES, DANIEL 460.08 PEREZ, JOSE 411.12 PETERSON, ARTHUR 435.39 PRADO, RAY F 900.00 PROANO, FABIAN E. 579.60 RAZZ, MARVIN C 630.00 RAZZ, TOMMY L. 381.60 REDDICK, ROYSTON, JR. 593.55 REDDICK, ROYSTON, SR. 752.45 RICHARDS, JOHN W. 879.30 RIGGLEMAN, DAVID W. 487.50 ROBERTS, CAROLE 543.96 ROBERTS, DONALD A 543.96 ROBERTS, EDDIE L. 626.40 ROBERTSON, DRAVIOUS V. 308.16 ROBINSON, ANDRAE 478.80 RODRIGUEZ, FRANCISCO 716.04 ROLAND, DAVID F. 575.28 ROSENBERG, MICHAEL 658.50 ROSETTI, ROCCO V. 424.80 ROUNDTREE, RICKY R. 611.10 RUS, BRIAN A. 447.60 SAAD, DANIEL E. 571.68 SAUBERER, PABLO 551.88 SAUNDERS, DAVID B 0.00 SAVAGE, JAVON D 353.52 CITY OF BOYNTON BEACH BLUE COLLAR GRIEVANCE Hurricane Pay REVISED - 09/08/05 Amount Employee Full Name Due SHEPAUM, DAVID 450.36 SIMMONS, ANTHONY C. 492.30 SMITH, CHARLES S 753.12 SMITH, RICHARD K 747.00 SMITH, TINA S. . 511.81 SOTO, JOSE 594.00 SPRENG, STEVEN P. 422.64 STAIANO, PERRY P. 611 .28 TALEGRAND, DIEU 393.65 TAYLOR, BARRY A. 390.60 TAYLOR, MICHAEL F 742.32 TAYLOR, PHILL 663.12 TAYLOR, RONALD 488.40 THOMAS, WAYMON 685.35 TOOKES, ANDRE 390.60 UNDERWOOD, ARCHIE L 720.36 VICKERS, BARBARA R 494.28 VICKI, RODNEY 433.44 VILLANACCI, PETER M. 765.90 WALKE, RICHARD S 699.00 WALTON, MICHAEL L. 447.84 WATSON, CRAIG F. 605.16 WEEKS, RANDY K 720.36 WEIR, CHARLES 485.40 WHITE, A. LEON 528.30 WHITE, GREGORY L 473.40 WILLIAMS, STANLEY T. 413.10 WOLCOTT, JOHN C 923.85 96,186.83 EXHIBIT "B" STANDBY PAY AND CALL OUT PAY Section I. STANDBY PAY In order to provide coverage for services during off-duty hours, it may be necessary to assign and schedule certain bargaining unit employees to standby beeper duty. A standby beeper duty assignment is made in writing by a department director or his/her designee who requires an employee on his/her off-duty time, which may include nights, weekends or holidays, to be available to perform his normal daily job function during off hours, due to an urgent situation. The written directive placing an employee on standby shall specify a starting and ending period. Employees placed on Stand-by shall be assigned a take-home vehicle in compliance with the department's rotation list appropriate for the completion of the task required of the employee should he/she be called back to work. All take home vehicles shall be equipped with Automatic Vehicle Locators (AVL) capable of tracking a vehicle's location and the time of day. The AVL capability will substitute for the City time clock for those employees responding to emergency situations in take home vehicles. Therefore, those employees on Stand-by will not be required to punch in or punch out on the normal City time clock and instead may travel directly to and from their home to the work site when responding to after-hours emergencies. For payroll purposes, the starting time of the employee responding to emergencies will be that time when the vehicle leaves the employee's home and the ending time will coincide with provisions outlined in Section 2, CALL BACK PAY. An employee who is called while on standby but who only responds by telephone or electronic communication is not entitled to call back pay however, the employee shall be entitled to one hour of straight time pay, up to a maximum of five (5) such one-hour payments in a seven-day standby period. Any subsequent call responses are considered as compensation under the initial standby pay allowance. Such pay shall be documented with the time of call and a summary of resolution of the incident telephonically or by electronic communication on log sheets prescribed by the City. If the duration of the call is less than 15 minutes, such time shall not count toward hours worked for FSLA purposes. The employee shall receive one hour of pay at time and one half the employees base rate ofpay for each 24 hour period that they are assigned standby beeper duty. Time spent on standby does not count as time worked for calculation of hours worked in a workweek or for overtime purposes. S:\CA \Collective Bargaining\NCF&O\Blue Collar\MOUcallouthumcaneKB090805.doc Rev. 08-16-05 w/revisions dated 9/5/05 Section 2 CALL BACK PAY: Any employee called back to work after having been relieved and having left the assigned work station or called in before hislher regularly scheduled work time, shall be paid the actual time worked at time and one-half or a minimum of two (2) hours pay at straight time when such callback is between the hours of 8:00 a.m. and 12:00 p.m. (midnight), whichever is greater. When such callback is between the hours of 12:01 a.m. and 6:59 a.m. the employee shall be paid the actual time worked at time and one-half or a minimum of three (3) hours pay at straight time, whichever is greater. If work conducted on the call extends into normal work hours, the time worked will be paid at straight time. Employees called back to work during lunch breaks are not entitled to Call Back Pay. In this case the finishing time for that particular work day will be adjusted accordingly. After an employee has been called out once during the employee's time off, all subsequent call outs occurring prior to the employees next regular shift will be at a rate of one and one-half (11/2) times hislher base rate of pay for actual time worked. If work conducted on the call extends into normal work hours, the time worked after the start time will be paid at straight time. Call out pay constitutes premium pay. Hours worked on call out count as hours worked in the employee's work week. S:\CA \Collective Bargaining\NCF&O\Blue Collar\MOUcallouthurricaneKB090805.doc Rev.08w16-05 w/revisions dated 9/5/05 REVISED -10/11/05 CITY OF BOYNTON BEACH Reclass Waae Increase Grievance Total Current Earnings 5% Employee Full Name Actual Position Title Grade Hourly Rate 8/19/09-09/01/05 Retro DORNIEDEN, VICTORIA K. ACCOUNTS PAYABLE SPECIALIST 11P 14.03 52,255.95 2,612.80 VACANT ANIMAL CONTROL OFFICER 13P DAVIS, DEBBY J. ASSISTANT FIRE MARSHALL 19P 20.70 86,298.11 4,314.91 MACINTYRE, JAMES ASSISTANT FIRE MARSHALL 19P 24.60 103,547.59 5,177.38 MCCRAY, KATIE MAJOR ASSISTANT FIRE MARSHALL 19P 22.38 92,088.57 4,604.43 WESTERMAN, LUANN S. ASSISTANT FIRE MARSHALL 19P 19.50 81,182.99 4,059.15 GREGORCHIK, MICHAEL J BUILDING INSPECTOR 17P 16.19 34,805.78 1,740.29 ICARO, DANIEL L BUILDING INSPECTOR 17P 15.87 10,791.61 539.58 STEG, GLEN D. BUILDING INSPECTOR 17P 20.74 80,477.49 4,023.87 GALL, DANIEL BUILDING INSPECTOR, SR. 19P 21.80 84,795.57 4,239.78 WILSON, GRACE A. CADD TECHNICIAN/DESIGN SUPV 15P 19.18 82,270.51 4,113.53 EZZELL, GARY CHEMIST/QUALITY ASSUR OFFICER 20P 22.23 90,518.38 4,525.92 BROWN, LENWORTH E COMMUNICATIONS DISPATCHER 12P 13.51 23,143.51 1,157.18 CLOWES, ELIZABETH R COMMUNICATIONS DISPATCHER 12P 13.78 41,907.09 2,095.35 IMMLER, PHILLIP M. COMMUNICATIONS DISPATCHER 12P 13.12 2,584.64 129.23 JOHNSON, WUINADA COMMUNICATIONS DISPATCHER 12P 13.12 1,535.04 76.75 ROST, KIMBERLY COMMUNICATIONS DISPATCHER 12P 13.12 1,535.04 76.75 YANES, LESLIE V COMMUNICATIONS DISPATCHER 12P 13.51 18,203.48 910.17 LAW, SCOTT R ELECTRICAL INSPECTOR 17P 19.04 23,514.40 1,175.72 PICA, ANTHONY N. ELECTRICAL INSPECTOR 17P 20.63 75,173.85 3,758.69 PREITE, DENNIS A. ENGINEERING TECHNICIAN 18P 20.02 83,342.88 4,167.14 HALL, KENNETH R ENGR PLANS ANALYST/INSPECTOR 18P 25.86 121,365.10 6,068.26 LAFONTANT,FRANTZ ENGR PLANS ANALYST/INSPECTOR 18P 20.52 81,463.82 4,073.19 ELIZONDO, ARSENIO R. ENVIRONMENTAL INSPECTOR 16P 18.75 70,326.14 3,516.31 BLOCK, EDWARD J. FLEET MECHANIC 14P 16.60 70,022.86 3,501.14 LADD, MARK P FLEET MECHANIC 14P 22.85 105,924.54 5,296.23 PEREZ, JAVIER M FLEET MECHANIC 14P 15.00 9,735.19 486,76 PRADO, RAY F FLEET MECHANIC 14P 15.00 55,430.76 2,771.54 RODRIGUEZ, FRANCISCO FLEET MECHANIC 14P 19.89 86,932.03 4,346.60 BERGMAN, RONALD FLEET MECHANIC, SENIOR 15P 19.50 84,514.28 4,225.71 DAUTA, RAMON FLEET MECHANIC, SENIOR 15P 20.21 90,605.60 4,530.28 CRAWFORD, CHARLES J PARKS/RECREATION CREW LEADER 13P 17.91 77,688.85 3,884.44 HARRIS, JAMES PARKS/RECREATION CREW LEADER 13P 17.31 74,860.02 3,743.00 SAULTER, DWIGHT PARKS/RECREATION CREW LEADER 13P 17.17 76,658.81 3,832.94 TROTT, TRACY M PLUMB/MECHANICAL INSPECTOR 17P 16.80 42,672.75 2,133.64 PATRICK, JOSEPH W. PLUMB/MECHANICAL INSPECTOR, SR 19P 22.05 85,069.69 4,253.48 110,162.15 COALE, SHERIE C. PERMIT APPLICATION TECHNICIAN 10P 14.59 56,744.56 2,837.23 GUIFARRO CHRISTINA B. PERMIT APPLICATION TECHNICIAN 10P 14.40 56 065.71 2 803.29 STAIANO, PERRY P. FLEET MECHANIC 14P 16,98 68,363.20 3,418.16 (/;r~\.. 119,220.82 i'3CXt-JIISIT"~J/ EXHIBIT "D" GRIEVANCE, ARBITRATION, AND APPEALS OF DISCIPLINARY ACTION 12,0 GRIEVANCE AND ARBITRATION PROCEDURES 12,1 A grievance is defined as a dispute or disagreement involving the application or interpretation of this Agreement. 12,2 No employee or group of employees may refuse to follow directions pending the outcome of a grievance except where safety would be jeopardized. Employees in the bargaining unit will follow all written and verbal directives, unless the employee has an objective basis to believe that his/her health and safety is threatened. Compliance with such directive will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance, The parties agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute involving the application or interpretation ofthe Agreement. 12.3 All grievances shall be in writing on a form prepared by the City and 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 will be considered withdrawn and need not be further processed by the City. Failure by management to observe time limits for any step of the grievance procedure shall entitle the employee to advance the grievance to the next step, Grievance time limits may be extended only by mutual written agreement of the Union and the City. 12.4 GREIV ANCE PROCEDURE STEPS 12.4.1 Step I. Within ten (10) working days of the incident or the time which the employee had knowledge of the incident, the Union may initiate a grievance with the employee's Department Director. The grievance shall be hand delivered or send by facsimile during regular working hours (8:00 AM to 5:00 PM). The written grievance must state the following: A. Statement of the grievance and the facts upon which it is based. B. The Article Sub-Section(s) of this Agreement alleged to have been violated. C, The action, rernedy, or adjustment requested. D. The signature of at least one aggrieved employee and of a union representative (Union Official or Steward) and the date filed, C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKD 1 \MOUcallouthumcaneKB090805.doc Rev. 08-16-05 w/revisions dated 9/5105 E. A statement indicating the grievance is a class action grievance, when appropriate. Any and all grievances submitted as a class action must be signed by a Union Official (President or Vice-President). F, A statement identifying the positions of the class of workers affected when brought as a class grievance. Any and all grievances submitted as a class action must be signed by a Union Official (President or Vice-President). The Department Director shall respond to the grievance on or before 5:00 PM on the eleventh (11 th) business day following the date of receipt ofthe grievance, Step 2. In the event the employee is not satisfied with the disposition of the grievance by the Department Director the Union shall have the right to file a written appeal of the decision to the Human Resources Director within five (5) days of the date of receipt of the Department Director's decision, Within five (5) days of receipt of the grievance, the Human Resources Director will contact the aggrieved employee and schedule a meeting within five (5) days to discuss the matter. c) The Human Resources Director or designee shall respond in writing to the employee within five (5) days of the meeting. Step 3, When a grievance is not settled under the forgoing steps of the grievance procedure, the Union, within twenty (20) days of such decision, 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 set the hearing on the matter appealed will be heard within ninety (90) days following appointment. If the arbitrator is not available within the ninety (90) day period, the next arbitrator shall be used. The arbitrator shall make a final and binding ruling within thirty (30) days following the hearing or, when requested by either party, the submission of briefs . The City and the Union shall select a panel of six (6) arbitrators from the Federal Mediation and Conciliation Service (FMCS). The City selected three (3) arbitrators and the Union selected three (3) arbitrators. These arbitrators, shall hear grievances on a rotating basis, beginning in alphabetical order ofthe arbitrator's sir name. 12.5 The arbitrator shall have only jurisdiction and the authority to apply and interpret the provisions of this Agreement. He/she shall not have jurisdiction to alter or change in any way the provisions of this Agreement and shall confine the decision solely to the issue of interpretation or application of the Agreement presented. The decision of the arbitrator on any matter within his/her jurisdiction shall be final and binding on the Union, the City and the employee covered by the Agreement. When the arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense, If arbitrability is raised by the city, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKDl\MOUcallouthurricaneKB090805.doc Rev. 08-16-05 w/revisions dated 9/5/05 prior to the commencement of an arbitration hearing on the grievance itself, if the matter is arbitrable. The issue of arbitrability shall be determined in summary fashion without a hearing. The parties shall submit the issue to the arbitrator by motion of the city with supporting documentation and/or affidavits. The Union shall file its response with supporting documentation and affidavits within ten (10) days of the City's motion. The arbitrator shall make his/her ruling based on the documents provided by the parties. The arbitrator may, at the arbitrator's discretion, conduct one telephone conference with counsel for the City and Union prior to ruling on the City's motion, If the City raised the question of arbitrability and loses that determination, the City shall pay the arbitrator's fee for the arbitrability determination, If the City raised the question of arbitrability and the arbitrator determines that the matter is not arbitrable, the Union shall pay for the arbitrator. 12,5,) The City and the Union agree to share all information each party will present to the arbitrator no later than ten (10) days prior to the date of the arbitration, even if such information was accumulated after the final grievance step or after the terminated employees' pre- determination hearing. 12,6 The hearing shall not be formal and the strict rules of evidence shall not apply. 12,7 The parties shall divide the arbitrator's fee and expenses equally, In the event of a settlement, the arbitrator's fee and expenses shall be born equally by the parties, unless they agree otherwise. 12,8 The term "day" shall mean Monday through Friday, exclusive of holidays, as recognized by this agreement. C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKDl \MOUcallouthurricaneKB090805.doc Rev. 08-16-05 w/revisions dated 9/5/05 13.0 DISCIPLINARY APPEAL & ARBITRATION PROCEDURE 13,1 Probationary employees shall not have the right to appeal any type of disciplinary action. 13,2 Regular employees rnay respond to discipline actions of counseling, written reprimand and suspensions with or without pay, of, less than one (I) workdays by requesting administrative review by the Human Resources Director. Such request shall be made within ten (10) calendar days of the imposition of the discipline, The Human Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employee's request for review. The Human Resources Director's disposition is final and not subject to further review, 13.3 Regular employees have the right to binding arbitration of any suspensions without pay of one (I) workdays or greater, or dismissals by requesting binding arbitration within ten (10) business days of the employee's receipt of formal notification of recommended suspension or disrnissal. 13.4 The City and the Union may waive the selection process by mutually agreeing to the appointment of an arbitrator. If there is no waiver the City shall request a panel of five arbitrators from the American Arbitration Association or the Federal Mediation and Reconciliation Association within ten (10) days of a request for arbitration. The City and the Union shall alternately strike one name, until one name remains and that individual shall be designated as the arbitrator. 13.5 The arbitration shall be scheduled within forty-five (45) days of the date of appointment of the arbitrator. Continuances shall not be granted except for good cause and in any event, not more than one continuance shall be granted to either the Union or the City. 13,6 The decision of the arbitrator shall be made within twenty (20) days following the close of the arbitration or submission of written briefs, whichever occurs last. 13.7 The decision of the arbitrator is binding and final. 13.8 The arbitrator may modify the discipline. 13,9 The arbitrator's charges, including fees and costs shall be divided and paid equally by the parties to the arbitration. Each party shall be responsible for their own attorney fees. S:\CA \Collective Bargaining\NCF&O\Blue Collar\MOUcallouthurricaneKB090805.doc Rev. 08-16-05 w/revisions dated 9/5/05 12