R05-202
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RESOLUTION R05-020.1..
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE
NATIONAL CONFERENCE OF FIREMEN AND
OILERS, SEIU, AFL-CIO, CLC, LOCAL 1227 - BLUE
COLLAR UNIT FOR THE PERIOD OF OCTOBER 1,
2004 THROUGH SEPTEMBER 30, 2007, AND
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach and the National Conference of Firemen
and Oilers, SEIU, AFL-CIO, CLC, Local 1227 - Blue Collar Unit have successfully
concluded negotiations for a three (3) year contract; and
WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
and
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
the best interests of the residents and citizens of the City to ratify the Agreement and
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execute the same; and
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
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ratified and confirmed by the City Commission.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
34 hereby ratify the Agreement between the City of Boynton Beach and the National
S:\CA \RESO\Agreements\CBA Ratifications\NCFO BC 04 - 07.doc
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Conference of Firemen and Oilers, SEIU, AFL-CIO, CLC, Local 1227 - Blue Collar Unit
2 for the period of October 1, 2004 through September 30, 2007, and authorizing and
3 directing the Mayor and City Clerk to execute the Agreement, a copy of said agreement
4 being attached hereto as Exhibit "A".
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Section 3.
This Resolution will become effective immediately upon passage.
6 PASSED AND ADOPTED this b day of December, 2005.
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8 CITY OF BOYNTON BEACH, FLORIDA
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The City of Boynton Beach
OFFICE OF THE CITY MANAGER
I 00 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
City Manager's Office: (561) 742-6010
FAX: (561) 742-6011
e-mail: city.manager@;i.boynton-beach.fl.us
www.ci.boynton-beach.fl.us
To:
From:
Date:
Subject:
Sharon Munley, President NCF&O Local 1227
Kurt Bressner, City Manager V
November 7,2005
TA Version of Proposed BLUE CBA
I reviewed the draft agreement document CBA 101205 Ver clean plus 102005. doc that you
initialed. In reviewing this document, I noted there is a later document titled: CBA 101205 Ver
clean plus 102005 (2). doc that should be the execution document for tentative approval and the
base document for ratification. This was sent bye-mail from Jim Cherofto Kathleen Phillips on
October 21, 2005 as follows:
From: Jim Cherof [mailto:jcherof@cityatty.com]
Sent: Friday, October 21, 2005 10:58 AM
To: Kathleen M. Phillips
Cc: Bressner, Kurt
Subject: Boynton beach Blue CBA
Attached is the revised CBA that management will sign off on and submit to the Commission for
ratification, assuming the Union agrees. I dropped in Art 12 from White Collar but left the numbering the
same so that you can compare it to White. There are some changes, including the deletion of 12.2.7
which seems to have no application to the blue collar unit as they are not supervisors. Please note the
disciplinary appeals language with tracks the MOU, not the White. Our position is the same on the
representative activities not counting as hours worked for overtime purposes, but we remind the Union
that the employees are still getting paid at straight time from the time pool hours. I modified the reopener
language to give the Union an additional reopener on wages for year three, but only if no agreement is
reached when the Union reopens wages this year.
We have worked diligently to consider the points you and Sharon raised during our 3:00 phone call
yesterday. The City has responded in less than 24 hours. There is nothing left to tweak substantively in the
attached version of the CBA. We collectively urge that this version of the CBA be submitted to the
membership for ratification.
Please advise.
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
I have executed as "T A KB 11/6/05" the latest version of the agreement known as CBA 101205
Ver clean plus 102005 (2). doc and have returned your original of the earlier draft of the
agreement that you T A'd as a reference.
In reviewing the document, the only difference is that Jim eliminated the cross-out language on
pages 22-29 and went right into the cutting and pasting the White Collar Article on Progressive
Discipline. (Note: this is article 12 of the White-Collar CBA) In doing so he noted that the final
execution document would be re-numbered into Article 13 for the Blue-Collar CBA. He wanted
you to see that he inserted the exact language from Article 12 of the White Collar CBA into the
final draft of the Blue Collar CBA. By eliminating the text on pages 22-29, the pagination of the
two documents is off by exactly the same number ofpages.
Therefore I have T A'd the insertion of the White Collar Progressive Discipline.
The only other conflict is your proposed revision to Article 54, Duration. I have T A'd the version
in the latest version of the agreement CBA 101205 Ver clean plus 102005 (2).doc. Please see
the following e-mail from Jim Cherof to Kathleen Phillips on _ explaining the City's reason
for this language:
From: Jim Cherof [mailto:jcherof@cityatty.com]
Sent: Friday, November 04,20057:03 AM
To: Kathleen M. Phillips
Cc: Bressner, Kurt
Subject: RE: Boynton
Retro issue: I don't think it's necessary since the specific
language in 18 controls over the general language in 54, but if
it make you feel better, you can change the sentence in the
duration clause as follows: "Except as provided in Article 18, no
wage or benefit provided herein is retroactive in nature prior to
the effective date of this Agreement." The balance of the article
as is.
Discipline issue: No change from what I have provided.
From: Kathleen M. Phillips [mailto:kphillips@phillipsrichard.com]
Sent: Thursday, November 03,20052:49 PM
To: Jim Cherof
Subject: RE: Boynton
Jim the only other issue is as follows: the discipline article 12.2.6. The lesser discipline in the white collar
expires in 2 years, we want this in the blue contract. This is what was provided at the meeting and we
America's Gateway to the Gulfstream
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agreed to it.
Kathlc('r~ Dhitlips
Phillips Richard & Rind, PA
9360 S. W. 72nd StreetSuite 283
Miami, Florida 33171
PH: 305-412-8322
Fax: 305-412-8299
Email: kphillips@phil/ipsrichard.com
Based on the above, I have hand-marked a revision to Article 54 reflecting a cross-reference to
Article 18.
As noted above, the City declined to make any further changes to Article 12.2.6 as this was an
item that the City objected to initially with the response to the Special Magistrate's Opinion.
Thank you.
Cc: James Cherof, City Attorney
Sharyn Goebelt, Human Resources Director
America's Gateway to the Gulfstream
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R05-cao~
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
The City of Boynton Beach, Florida
and
The National Conference of
Firemen & Oilers, SEIU, AFL-CIO, CLC, Local 1227
Blue Collar Bargaining Unit
October 1, 2004 to September 30, 2007
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TABLE OF CONTENTS
Article Page
I Preamble 5
2 Recognition 6
3 Rights of Employees 7
4 Management Rights 8
5 Strikes 8
6 Non-Discrimination 9
7 Representation of the City 10
8 Union Representation 11
9 Collective Bargaining 13
10 Union Time Pool 14
11 Bulletin Boards 15
12 Grievance Procedure 16
13 Disciplinary Appeal Procedure 19
14 Basic Work Week and Overtime 21
15 Task Assignment 23
16 Work Breaks 25
17
Compensatory Time
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18
Wages
28
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CF&O/SEIU L CAL 1227
19 Promotions, Reclassifications, Transfers & Demotions 30
20 Stand By and Call Back Pay 32
21 Working in a Higher Class 33
22 Pay for Training 34
23 Emergency Pay 35
24 Certification Pay 36
25 Sick Leave 37
26 Workers Compensation 39
27 Light Duty 40
28 Vacation 41
29 Bonus Days and Bonus Increases 42
30 Holidays 43
31 Compassionate Leave 44
32 Military Leave 45
33 Leave of Absence 46
34 Unauthorized Absence 47
35 Jury Duty 48
36 Seniority, Layoff & Recall 49
37 Job Posting 51
38 Safety and Health 52
39 Tool Replacement 54
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City of Boynton Beach NC &O/SEIU L ~L 1227
40 Uniforms 55
41 Insurance 57
42 Personnel Files 58
43 Tuition Reimbursement 59
44 General Provisions 60
45 Dues Deduction 61
46 Pension 63
47 Substance Abuse 64
48 Probationary Period 65
49 Longevity 66
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Savings Clause
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Modification of Conditions
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Posting of Agreement
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Collateral Documents
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54
Duration
73
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F&O/SEIU LOCAL 1227
City of Boynton Beach
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 of this Agreement is to set forth terms and conditions of employment
and to promote orderly and meaningful labor relations for the mutual benefit of the City
of Boynton Beach in its capacity as an employer, the employees, and the citizens of
Boynton Beach. The parties recognized that the best interest of the community and the
job security ofthe employees of the City depend upon the City's success in establishing
and maintaining effective, proper and superior service to the community.
1.2 The Parties agree that nothing in this agreement shall prohibit the parties from
meeting and discussing any items of mutual interest.
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City of Boynton Beach
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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 bargaining
unit described below for the purpose of bargaining collectively with the City relative to
wages, hours, and terms and conditions of employment of the pubic employees within the
bargaining unit.
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 (PERC), the unit recognized by the PERC shall control.
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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 aU
employees in the Bargaining Unit.
3.3 Employees may request a Union representative to be present when they believe a
formally scheduled meeting with a supervisor may lead to discussions which could form
the basis of disciplinary action.
ARTICLE 4
4.0 MANAGEMENT RIGHTS
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4.1 Except and only to the extent that specific provisions of this Agreement expressly
provide otherwise, it is hereby mutually agreed that the City has and will continue to
retain, the right to organize, plan, direct, control, operate and manage its affairs and those
of its employees in whatever manner it deems appropriate in each and every respect. The
parties to this Agreement hereby agree that, in construing this section, the legal principle
that "the expression of one item is the exclusion of another" shall not apply. Rather, full
effect shall be given to the intention of the parties that management shall retain all
constitutional, ordinance, inherent, common law, or other rights except to the extent
specific provisions of this Agreement expressly provide otherwise. The Union recognizes
the prerogatives of the City to operate and manage its affairs in all respects; and the
powers and authority, which the City has not abridged, delegated or modified by this
Agreement, are retained by the City. The rights reserved to the sole discretion of the City
shall include, but not be limited to, the right:
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
including the right to determine whether goods or services are to be made,
provided or purchased and to decide the design and maintenance of the
departments, facilities, supplies and equipment.
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.
4.1.5 To select, hire, test, classify, promote, train, assign, retain, evaluate, lay-
off, schedule, and determine the qualifications of all employees.
4.1.6 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.
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4.1.9 To set standards for service to be offered to the public, 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.
4.1.11 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.
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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 shall
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 normal operations. The Union representatives shall notify the City 12
hours after commencement of such strike, what legitimate measures it has taken to
comply with the provisions of this Article.
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ARTICLE 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, as amended, 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.
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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.
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City of Boynton Beach
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NCF&O/SEIU LOCAIJ 1227
ARTICLE 8
8.0 UNION REPRESENTATION
8.1 The City agrees to recognize the Union's officers and eight (8) City employee
stewards as agents of the Union. The Union shall 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 eight (8) 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.
8.3 Union stewards will be granted leave to engage in collective bargaining, subject to
the limitations set forth in Article 9, or to meet with the representatives of the CITY for
grievance investigation and/or consultation with management representatives to avoid or
resolve grievances.
8.4 Union Stewards may be granted leave nd may utilize "union time pool" time to
engage in the following representative activities:
1. When an employee is required to appear at a hearing related to a
grievance and or arbitration.
2. When and employee is responding to disciplinary action or
investigation.
3. When an employee is attending a pre-determination hearing.
Members of the bargaining unit may each donate a proportionate share of the hours
necessary to fund the Union time pool. Union time pool time may be transferred from
steward to steward. 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
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City of Boynton Beach NCF&O/SEIU LOC
designee), whose approval shall not be unreasonably withheld and when releasing such
employee does not adversely effect the on-going day to day operations in any department.
Additional hours may be used, with pay, when those hours are funded by "Union Time
Pool" time.
The CITY may stop the use of such time off if it interferes with productivity or manpower
needs. However, the exercise of such right on the CITY'S part shall not be arbitrary or
capricious, nor shall it allow the CITY to proceed in a manner that deprives the employee
of his or her right of representation.
8.5 No employee shall engage in Union business while on duty except as referenced
in Section 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.
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.
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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. It is understood that the Union representative or representatives
are the official representatives of the Union for the purpose of negotiating with the City.
Such negotiations entered into with persons other than those defined herein, regardless of
their position or association with the Union, shall be deemed unauthorized and shall have
no weight or authority in committing or in any way obligating the Union. It shall be the
responsibility of the Union to notify the City Manager in writing of any changes in the
designation of any certified representative of the Union.
9.2 No more than six (6) Stewards may participate in collective bargaining while on
duty, without loss of pay. Additional Stewards or bargaining unit members may
participate in collective bargaining (present at the table) by utilizing Union Time Pool
hours, or while off duty, or when on approved paid leave.
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ARTICLE 10
10.0 UNION TIME POOL
· 10.1 Bargaining unit members may donate, on an annual basis, from their
accrued vacation leave, sick leave bank (provided the member maintains at least 120
hours of accrued time), or compensatory time to be banked and subsequently used to
permit designated Union stewards to engage in representative activity or bargaining as
stated above. Donations to the Union Time Pool shall be solicited by the Union
during ratification of this Agreement or any other non-work time. Donations shall be
on an annual basis and deducted/transferred from the employee's appropriate leave
bank during the month of October. All time will be distributed on an hour-to-hour
basis. A list of those employees donating to this time bank shall be maintained by the
Union, a copy of which will be provided to the City Manager and Finance Director.
10.2 Time shall be transferred from the employees appropriate leave bank each year of
the Agreement during the month of October.
10.3 Time Pool hours shall roll over from one year to the next.
10.4 Union representation shall utilize the Union Time-Out slip when using Time Pool
hours.
10.5 Union time pool hours shall only be used for a steward's leave from assigned
regular duties.
10.6 Union time pool hours shall be classified as paid leave from work and shall not
count as time worked for the purpose of calculating overtime.
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NCF&O/SEIU LOCAL 1227
ARTICLE 11
11.0 BULLETIN BOARDS
11.1 The Union shall be provided space on bulletin boards at each location so
designated by the City in the areas where unit employees normally are assigned to work
for the use of LOCAL 1227. These bulletin boards shall be used for posting Union
notices, signed by a Union officer but restricted to the following:
A. Notices of Union recreational and social affairs;
B. Notices of Union elections and results of elections;
C. Notices of Union appointments and other official Union business;
D. Notices of Union meetings.
E. Union newsletter On Track (may be unsigned).
11.2 All other information, including any notices containing any information other than
purpose, date, time and place may be posted on such designated areas and the Union shall
furnish the City Manager's office with a copy. All costs incidental to preparing and
posting of Union materials will be borne by the Union. The Union is responsible for
posting and removing approved material on its bulletin board and for maintaining such
bulletin boards in an orderly condition.
11.3 The Union shall not post endorsements for candidates who are running for office.
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ARTICLE 12
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 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 shall compliance affect the ultimate
resolution of the grievance.
The parties agree that the grievance procedure shall be the sole and exclusive method for
resolving any dispute involving the application or interpretation of the Agreement.
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 ofthe Union and the City.
12.4 GREIV ANCE PROCEDURE STEPS
The parties are in the process of drafting and have agreed to substitute a grievance
tracking system which utilizes the City Clerk's Office as a conduit for filing. When
finalized, the tracking system procedure shall be reduced to writing and substituted
for, or supplement, the following Step System.
12.4.1 Step 1. Within ten (10) working days ofthe 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:
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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, remedy, 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.
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 of the 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 ofthe 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 has heretofore selected 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 of the arbitrator's sir name.
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If Rodney Dennis is no longer available to serve as an arbitrator, the City may designate
an alternate arbitrator, as Mr. Dennis was one of the City's original designated choices.
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 hislher 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 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 hislher 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.
12.5.1 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 ofa
settlement, the arbitrator's fee and expenses shall be born equally by the parties, unless
they agree otherwise.
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12.8 The term "day" shall mean Monday through Friday, exclusive of holidays, as
recognized by this agreement.
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ARTICLE 13
13.0
ARTICLE 12
from White CBA with modifications
Article to be renumbered in final document
12.0 PROGRESSIVE DISCIPLINE
12.1 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 the
needs and goals of the City, disciplinary actions up to and including
dismissal can occur. Progressive discipline is suggested when
circumstances support its use. In proper cases, dismissal may immediately
occur.
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 discipline.
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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.
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 limitation upon the rights of the City, but are to be
used as a guide.
12.2.6 All prior discipline received by an employee shall be considered when
a new discipline is contemplated, but not all prior discipline shall be
given the same weight. By way of example: The older a discipline, the
less its weight. A pattern of discipline over a short period of time has
greater weight than sporadic discipline spread over an extended
period of time.
12.2.7 Deleted
EXAMPLES OF MISCONDUCT
The following types of infractions, offenses or misconduct shall represent employee
noncompliance with rules, regulations, policies, practices or procedures of the City or the
Department or employee wrongs or offenses that violate permissible behaviors or are
specifically prohibited by law. The following are examples of violations that shall result
in discipline and the progressive discipline actions that may accompany the violations.
MISCONDUCT
I. Conduct unbecoming of a City employee. Conduct unbecoming a City employee
means: Employee behavior or actions on the part of the 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
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b. Failure to use all safety restraints when riding in or operating a City vehicle
c. Failure to wear and or use prescribed uniforms or equipment
3. Abuse of Personnel Policies, including but not limited to:
a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism
b. Failure to notify Department and or Human Resources of current address and
telephone number within 10 calendar days of change
c. Failure to report any outside employment
4. Abuse of departmental procedures and work rules including:
a. Failure to provide name and official title to any person requesting same when
performing work related duties
b. Habitual extension of lunch period or break period
c. Habitually late for work without valid reason
d. Smoking in prohibited areas
e. Unauthorized solicitation, posting of material or non-productive behavior
5. Deleted
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 1 ST 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 calling in to department within one hour of shift start time
c. Disrupting or hindering departmental operations
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d. Failure to work required overtime assignments, special hours, special shifts or
unavailability during stand-by status
e. Outside employment which conflicts, interfered or otherwise hampers the
performance of the employee in their City job
4. Inefficiency or Incompetence
The inefficiency or incompetence in the performance of assigned duties may result
in demotion or disciplinary action up to and including termination. Examples of
poor performance shall include failure to provide responsive, courteous, high
quality customer service or repeated failure to support team goals, and contribute
to team success.
Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet
Standards" performance evaluation (rating of 1 or 2) shall be given follow-up evaluation
within 60 days of the "Does not Meet Standards: or :Partially meets Standards" initial
evaluation. More than one overall rating of "Below Standards" may subject the employee
to demotion or disciplinary action up to and including termination. It is the responsibility
of every employee to perform at a minimum level of "Meets Standards" {as outlined in
the Incentive Pay System Policy}.
The following chart outlines the progressive discipline options for three occurrences of
serious misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive discipline.
OFFENSE TYPE 1 ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE
Serious Misconduct Written Reprimand or Suspension Without Dismissal
Suspension Without Pay Payor Dismissal
EXTREME MISCONDUCT
1. Violations or disregard of City Safety Policy & Procedures, including:
a. Failure to report an on-the-job injury or accident within 24-hours to the
immediate supervisor
b. Failure to report an employees' on-the-job injury to Risk Management within
24 hours and/or completion of necessary documentation
c. Fighting on the job or engaging in any intentional act which may inflict bodily
harm on anyone
d. Operating a City vehicle or equipment without a required and valid driver's
license
e. Failure to report the revocation or suspension of a driver's license when
employment involves driving
2. Abuse of Personnel Policies, including, but not limited to:
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a. Possession of a firearm or concealed weapon on City property or while
performing official duties without written permission from the Department
Director (excluding law enforcement officers)
b. Gambling during work hours
c. Refusal to sign a disciplinary form
d. Suspension or revocation of any required job related license or certifications.
3. Abuse of departmental procedures and work rules, including:
a. Unauthorized personal use of City equipment or funds
b. Conducting personal 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 fully cooperate or provide full
truthful information in City initiated investigations
e. Possession, use or sale of illegal drugs, alcohol or prescription medication that
alters the employee's performance on the job or any confirmed positive drug
test
f. Possession or use of alcohol while on duty; or reporting to work under the
influence of alcohol
g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program
h. Refusal to submit to a City required drug or alcohol test
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. If misconduct or serious misconduct has occurred previously, there
will be faster progressive action.
OFFENSE TYPE 1 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
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any manner by such options and is free to independently determine the appropriate level
of discipline if the employee is found to have committed the offense.
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 performance,
prior to deciding upon the type of disciplinary action to be recommended
or taken. Documentation of the discipline investigation or of the conduct
shall be required on the part of the immediate supervisor in order to
establish appropriate records. Human Resources will be available to assist
in such investigations. In cases where investigations of a more substantial
nature are required, the following types of administrative review shall be
administered.
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 shall obtain all sufficient information, including
documentation and/or sworn statements, in order to determine the
necessity or level of disciplinary action. Human Resources shall assume
responsibility for acquiring any necessary sworn statements.
Administrative investigations shall be conducted expeditiously.
12.4.3 Criminal Investigations - Investigations conducted when criminal
violations are reportedly committed by an employee of the City. These
investigations shall be conducted by the Police 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 shall 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 alleged incident or misconduct in
the absence of the employee. Suspensions of more than three
days with pay require the approval of the Human Resources
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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.
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 termination.
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. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a
written notice of reprimand to improve performance, work habits or behavior. A
written reprimand should include a complete description of the incident(s) of
misconduct, inappropriate behavior, work habits or performance which require
improvements; previous records of discussion; a time frame within which the
employee must correct or improve 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.
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The employee may be required to complete a written plan for correction of the
behavior. When the written reprimand contains a time frame for employee
improvements, a follow-up discussion at the end of the designated time period
should be conducted. The follow-up discussion will provide a specific
opportunity to review the employee's improvements relative to the discipline.
Written reprimands should be reflected on the employee's performance appraisal
along with any noted improvements.
C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited
from returning to work until the specified period of suspension has passed or the
forfeiture of vacation time, if agreed to by the employee.
Suspensions without pay shall be used when an employee is removed from the
job due to extreme misconduct or unlawful behavior, or when instances of
progressive discipline supports a suspension without pay for a specified period of
time. Any time an employee is suspended for discipline the suspension shall be
without pay.
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
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being required to state a reason. The probationary employees shall not have
access to any appeal process with regard to the demotion.
Immediate supervisors should discuss the potential demotion of an employee with
their chain of command and the Human Resources Department prior to a written
recommendation for demotion. The Department Director shall then submit the
written recommendation to the City Manager through Human Resources.
Demotions require concurrence from Human Resources, review by the City
Attorney's Office and authorization from the City Manager prior to being
effected.
Written notification of demotions shall be provided to the employee by the
department Director. Such notices shall include the final decision, the reason(s)
for the decision, the employee's new classification title, the new pay range and
pay rate, and the effective date of the demotion. Written notifications shall also
include that future violations will result in further disciplinary actions up to and
including termination if the demotion was a result of misconduct.:.
All documentation of a demotion shall be retained in the employee's file in the
Human Resources Department. A copy of the written notification of demotion
shall be forwarded to the Finance department for payroll purposes.
Employees may request a demotion to a lower level classification voluntarily.
Such demotion shall not be punitive. Employees may submit comments for
inclusion in the record. Written notification of a demotion shall be signed by the
employee acknowledging receipt of the written notification and forwarded to
Human Resources for inclusion in the employee's record.
E. DISMISSAL - Dismissal is a result of an employee's involuntary termination
that severs the employment relationship. At such time all employee benefits
cease, except as otherwise provided by law.
Immediate supervisors shall supply through documentation and discuss
recommendations for an employee's dismissal with their chain of command and
Human Resources. Upon receiving a written recommendation from the
supervisor, the Department Director shall submit the documentation to Human
Resources. Dismissals shall be effected only with the concurrence of Human
Resources, review by the City Attorney's Office and authorization by the City
Manager.
A 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:
1. The underlying reasons for the recommended termination
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2. Documentation upon which the Department Director relied in formulating
said recommendation
3. An explanation of his/her rights to request a predetermination hearing
prior to termination taking effect and the facts that the decision to
discipline of the City Manager shall be final subject to grievance and
arbitration as provided for in Article 10 of this Agreement.
The dismissal recommendation and the City Manager's final decision shall be
placed in the employee's personnel file, and a copy shall be forwarded to the
employee and his/her Department Director. Employees may submit comments for
inclusion in their personnel file.
Probationary employees who have not successfully completed the established
probationary period shall be subject to dismissal without cause, after review by
Human Resources.
12.6 RIGHT TO PRE-DETERMINATION HEARING
Prior to the effective date of any suspension without pay of three (3) days or
more, or a termination, the City shall conduct a predetermination hearing. The
Human Resources Director and the City Manager's designee shall conduct the
predetermination hearing. The employee shall be provided with reasonable notice
of the predetermination hearing date and of the charges which are the grounds
for the disciplinary action. The employee may be accompanied and assisted at the
predetermination hearing by a representative of his choice. The employee shall be
afforded the opportunity to present information in defense or mitigation to the
charges brought against the employee. Following the predetermination hearing,
and any further investigation into issues raised by the employee in defense or
mitigation of the charges, the Human Resources Director and the City Manager's
designee shall sustain, reverse, or modify the disciplinary action and give the
employee written notice of their action and at the same time establish the
suspension or termination date(s) if appropriate.
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 may appeal to an arbitrator a discipline greater than a
suspension without pay of more than one work day using the same procedure
for arbitration as is set forth starting in Step 3 of Article 12 (grievance
article). shall have just cause appeal and grievance rights as outlined in
Article 12 of this Agreement.
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12.7.3 Ree:ular employees may respond to discipline actions of counseline:. written
reprimand and suspensions with or without pay. of. less than one (1) workday
by requestine: 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 subiect to further review.
12.8 PERFORMANCE IMPROVEMENT PLAN
Employees who receive a Written Reprimand with a Suspension shall be placed on
a Performance Improvement 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.
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ARTICLE 14
14.0 BASIC WORK WEEK AND OVERTIME
14.1 The basic workweek shall consist of forty (40) hours, unless otherwise specified.
The City Manager will establish and may change the basic workweek and hours of work
best suited to meet the needs of the department and to provide superior service to the
community. Nothing in this Agreement shall be construed as a guarantee or limitation of
the number of hours worked per week.
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 shall be paid at the overtime rate of
one and one-half times the employee's straight time rate. Overtime shall be offered for a
specified work function on a rotating basis based on seniority to those employees who
normally perform the job functions during their regular work hours.
14.3 Employees may all be required to work additional hours as directed unless
excused by supervision. .
14.4 Since the Utility Department is a seven (7) day per week continuous operation,
employees will have two (2) consecutive days off after completing their regularly
scheduled five day work week. In the event that an employee chooses to do so, and it can
properly be scheduled, their two days off per week may be split to accommodate the
needs of both the employee and the employer.
14.5 Supervisors will provide no less than two (2) hours advance notice to employees
prior to the assignment of scheduled overtime, except in the case where the supervisor
has determined that the scheduling of overtime is done on an immediate basis to meet the
needs of the community.
14.6 For purposes of overtime computation in the current year of this Agreement
(10/1/05-9/30/06) hours actually worked, holidays and vacation time will count as hours
worked. In the final year of this Agreement (10/1/06-9/30/07) only hours actually worked
will be counted for the purpose of calculating overtime unless either party has requested
reopener of this Article, pursuant to the reopener provision of Article 54.
14.7 Employees cannot be in a work status more than seven (7) minutes prior or seven
(7) minutes after regular workday unless they have their supervisor's approval to be in a
work status. Each employee must be advised of the official start and ending time of their
department workday.
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For purposes of overtime, the City will follow the Department of Labor's "7/8 Minute
Rule". This rule means that an employee will not be eligible for overtime until he/she has
been on the job for more than seven minutes, i.e. at the start of the 8th minute they would
then receive 15 minutes at time and a half. This procedure will also be followed if an
employee reports to work late. The employee shall be marked as tardy using the same 7/8
Minute rule, for purposes of calculating payroll, however, an employee will be deemed
"tardy" if they appear for work anytime after the designated starting time. Any employee
that is tardy is subject to appropriate discipline.
14.8 It is understood that the clock designated by an employee's supervisor to record
arrival and departure shall be the clock against which timely reporting for work is
measured. If at any time, that clock is deemed inoperative, the immediate supervisor will
advise employees of the clock which will be utilized in lieu of it.
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ARTICLE 15
15.0 TASK ASSIGNMENT - SOLID WASTE
15 .1 Workweek and Overtime
15.1.1 Solid Waste employees shall be held responsible for satisfactory completion of a
daily task assignment.
15.1.2 Within the Solid Waste Division, circumstances may arise which prevent certain
crews from completion of their assigned route within the work day. In that event
management may direct other crews to help complete the route(s) of the crews unable to
complete their route(s), on that same day.
15.1.3 All employees in the Solid Waste Division of Public Works that are covered by
this agreement shall be considered task employees. Task employees will be assigned to
shifts or either 8 or 10 hours per day. Employees will always maintain the same shift for
an entire workweek. A daily task assignment shall be assigned at the beginning of the
workday by the supervisor. Upon completion of the assigned daily task, the task
employee may be required to perform other work functions related to the Solid Waste
Division of public Works. Task employees may be assigned duties outside of the Solid
Waste Division in the event of pending, ongoing, or past citywide emergencies.
Task employees shall be released from duty by the immediate supervISOr. No task
employee will be allowed to release him or herself from duty.
15.1.4 All task runs shall be equalized as closely as possible, as determined by the Public
Works Director.
15.1.5 Employees covering another employees assigned routes when the normally
assigned employee is on vacation or out for an extended illness, shall be assigned for the
entire 40 hour period, and shall work the same shift for the entire period as the employee
whose shift they are covering. Management shall make every effort to assign the
employee covering the shift 48 hours in advance.
15.1.6 Task hours count as hours worked for the purpose of computing overtime in the
current year of this Agreement (October 1, 2005 through September 30, 2006). In the
final year of this Agreement (October 1, 2006 to September 30, 2007), task hours will not
count as hours worked, and overtime will be paid according to Article 14.
15.2 Holidays
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15.2.1 Employees who regularly work a ten (10) hour assignment shall receive ten (10)
hours pay for each observed holiday. Employees who regularly work an eight (8) hour
assignment shall receive eight (8) hours pay for each observed holiday.
15.2.2 In addition to receiving holiday pay Solid Waste employees shall receive their
regular daily task hours at time and one half when required to work on a holiday even if
they complete their assignment in fewer hours than regularly assigned. Should they be
required to work beyond their regular task hours on a holiday, those hours also shall be
paid at time and one half their regular rate of pay.
15.2.3 The City will publish a holiday service schedule and make up day schedule at
least six (6) months prior to the holiday.
15.2.4 When the work schedule is such that employees will not be required to work the
designated holiday, the holiday make-up days will occur on either Wednesday or
Saturday, whichever day immediately follows the holiday in question, and shall be paid at
the employees time and one-half rate of pay.
Should service be provided on Sunday, the City shall pay employees, who volunteer to
work, a 3-hour minimum at their overtime rate of payor the actual time worked
whichever is greater. Employees may sign up to voluntarily work on Sunday to perform
the same type of work completed during the regular work week.
V oluntary Sunday work assignments shall be made on a rotating seniority basis starting
with the most senior employee who signed up to work. If no employees volunteer to
work on a Sunday when work is available, the City shall assign the work on a reverse
seniority
basis beginning with the least senior employee who would normally performs the work
during the regular work week.
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ARTICLE 16
16.1 Employees shall receive either a one-half hour or a full hour unpaid lunch period
each day based on a majority vote of the employee group.
16.2 Employees shall also receive two; fifteen (15) minute paid breaks each day. Any
employee group that would like to forgo their fifteen (15) minute breaks and add them to
their lunch period may do so on a majority vote of the employee group.
16.3 In addition employees shall be in a pay status, each day, as follows:
Travel time to and from lunch not to exceed twenty (20) minutes each day.
Ten (10) minutes clean-up time prior to the lunch period.
Fifteen (15) minutes clean-up time prior to the end of the employees shift.
16.4 Abuse of break or clean up time is grounds for progressive disciplinary action.
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ARTICLE 17
17.0 COMPENSATORY TIME
17.1 Employees may accrue and use compensatory time in lieu of overtime pay when
the employee works in excess of forty hours in a workweek.
17.2 Compensatory time will be accrued and used at the same rate the overtime rate
would be paid. The compensatory time must be used within sixty (60) days of the pay
period in which the compensatory time was earned or be paid at that time.
17.3 It is solely the employee's choice as to whether he/she wishes to be paid for their
overtime at one and one-half times their regular hourly rate of pay, or take compensatory
time. The City will not encourage employees to take one form of compensation over the
other.
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ARTICLE ~
18.0 WAGES
18.1 Effective October 1. 2004. bargaining unit employees shall receive a 2% market
adiustment added to base wage.
18.2 Effective April 1. 2005 bargaining unit employees shall receive the following
performance evaluation wage increase. added to base wage:
a. Performance evaluation score shall generate a merit increase as outlined in
Appendix B of this agreement.
b. If the performance evaluation score is below 2.0. no wage increase will be
applied.
18.3 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 shall
receive the market adjustment increase and the Performance Evaluation wage
increase, if applicable, as a lump-sum payment.
18.4 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.
18.5 Employees who receive a performance evaluation rating that falls below a "Meets
Expectations" (rating ofless than 2) shall be placed on a Performance Improvement
Plan. It is the responsibility of each employee to perform at a minimum level of
"Meets Standards".
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ARTICLE 19
19.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS
19.1 PROMOTIONS
19.1.1 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
performance 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 position 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
19.1.2 In no event will the employee's base rate of pay exceed the maximum for the
position to which the promotion is made.
19.1.3 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
performance rating.
19.2 DEMOTION
19.2.1 Upon demotion, an employee's rate of pay will be adjusted as follows:
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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)
19.2.2 In no event will the employee's base rate of pay exceed the maximum for the
position to which the demotion is made.
19.2.3 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.
19.2.4 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.
19.3 LATERAL TRANSFER
19.3.1 Employees transferring from one position to another in the same pay grade,
whether in the same or in a different department, will maintain the same pay rate.
19.3.2 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.
19.4 RECLASSIFICATION
19.4.1 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.
19.4.2 Reclassification requests will be considered each year during the budget process.
Reclassifications requested during the fiscal year will be considered only if the
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department is restructuring or realigning major responsibilities. Mid-year reclassifications
must have the approval of the HR Director, Finance Director and City Manager.
19.4.3 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 will become effective as of the date the
reclassification is approved.
19.5 PROMOTION FROM PART-TIME TO FULL-TIME
19.5.1 Each promoted employee must successfully complete a probationary period of
twelve months from the date of promotion.
19.5.2 Upon successful completion of the probationary period, the probationary
employee will be considered a regular employee.
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ARTICLE 20
20.0 STANDBY & CALL BACK PAY
Section 1.
STANDBY PAY
In order to provide coverage for services during off-duty hours, it may be necessary to assign and schedule
certain bargaining unit employees to standby beeper duty. A standby beeper duty assignment is made 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 (A VL) capable of
tracking a vehicle's location and the time of day. The A VL 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 of pay 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.
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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 his/her 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 his/her 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.
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ARTICLE 21
21.0 WORKING IN A HIGHER CLASS
21.1 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 ofthe higher classification, whichever
is greater until returned to their regular classification.
21.2 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 receive a 5% increase in payor the minimum of the higher classification, whichever
is greater, until returned to their regular classification.
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ARTICLE 22
22.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES
22.1 Employees who are assigned to train another employee(s) who is/are new to the
position(s), shall be assigned in writing and shall receive a 5% increase in pay during the
time they are training another employee.
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ARTICLE 23
23.0 EMERGENCY PAY POLICY
23.1 Hurricane (emergency) pay shall hereinafter be paid in accordance with
the provisions of City Ordinance 2005-036.
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ARTICLE 24
24.0 CERTIFICATION PAY
24.1 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. A pre-determined list of job related certifications or licenses
will be developed through the labor/management committee, to be attached to this Article
as an exhibit, and shall be developed by no later than sixty (60) days from ratification of
this Agreement. 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.
24.2 The City shall provide educational and training opportunities for lifeguards during
work hours so that the employee may earn and recertify for an EMT certificate. The City
shall pay for the course and all course material. Employees who currently have or who
earn EMT certificates shall receive a one-time 5% wage increase upon initially earning
the certificate. No other compensation is applicable for this certification.
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ARTICLE 25
25.0 SICK LEAVE
25.1 An employee shall notify hislher immediate supervisor or his designee in a
manner provided for by management of hislher illness no less than one half (1/2) hour
before or one half (1/2) hour after hislher normal workday begins. If an employee fails to
call in within the specified time, the employee shall be subject to progressive discipline.
This notice 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 length of time he/she will be absent.
25.2 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 Workers' Compensation and which shall remain status quo
during the term of this Agreement.
25.3 Employees shall accrue sick leave at a rate of 96 hours per 12-month period or
eight (8) hours per month. No employee shall be entitled to use sick leave in excess of
the amount of such leave accumulated. Employees may accumulate a maximum of 1040
sick leave hours. All unused hours shall be paid out at 50% upon termination of
employment with the City. Any accrued but unused sick leave hours beyond 1040 shall
be transferred into the employee's Personal Leave Bank at one for one. Personal Leave
hours may be utilized as necessary. Any unused Personal leave hours may be cashed in
upon termination with the City on a two (2) to (1) basis, or the full value of the hours may
be used to purchase health care benefits should the termination be due to normal or
disability retirement.
25.4 An employee making a departmental transfer will retain any unused sick leave.
25.5 Employees who have attained non-probationary status and are regular employees
will have payment made for unused sick leave for up to 1040 hours, at the rate of 50% of
the total number of hours accumulated, but not taken upon termination in good standing,
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retirement or death. (Retirement shall include normal retirement, disability retirement, or
early retirement as defined in the appropriate Pension Plan).
25.6 Employees may request, and shall be covered by the provisions of the Family
Medical Leave Act.
25.7 Sick Leave Donations
25.7.1 It shall be the policy of the City to permit an employee who has a minimum of
120 hours sick leave the opportunity of donating accrued sick leave time to a designated
employee whenever extraordinary circumstances require the designated employee to be
absent from work for a lengthy period of time (workers compensation leave time
excluded), and when the employee has exhausted all accrued sick and vacation leave
down to 40 hours. Extraordinary circumstances shall be defined as lengthy
hospitalization, critical illness or injury.
25.7.2 Sick leave exceeding 5 consecutive work days requires medical certification on
return to work.
25.8 Restricted Sick Leave
25.8.1 No member shall be placed on restricted sick leave unless a pattern of sick leave
abuse is present and the employee has had a counseling session with hislher 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.
25.8.2 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) working days after the three
(3) month period, the employee will be automatically removed from restricted sick leave.
25.8.3 During the initial ninety (90) day restrictive 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 restrictive 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) period and shall be subject to further progressive discipline up to and including
termination.
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NCF&O/SEIU LO A 1227
ARTICLE 26
26.0 WORKERS COMPENSA nON
26.1 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.
26.2 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. In no case will
the salary supplement be extended beyond three (3) months from the date of injury.
At the end of three (3) months, the Risk Manager will review the medical certification
from 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 a 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.
26.3 After three (3)months from date of injury, the injured employee may elect to
receive accrued sick leave and after exhausted, vacation leave, in accordance with hislher
regular hourly wage, to the extent that hislher combined sick leave or vacation leave, and
worker's workers' compensation benefits equal hislher regular weekly net take home
salary. The employee must contact the payroll clerk to qualify for the combined check.
26.4 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.
26.5 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.
26.6 If an employee who is receiving Worker's workers' 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
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NCF&O/SEIU LOCAL 1 27
to reimburse the City for all medical expenses and supplement, sick or vacation pay taken
and shall be subject to dismissal.
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ARTICLE 27
27.0 LIGHT DUTY
27.1 Employees who have injuries which prohibit them from performing 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.
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ARTICLE 28
28.0 VACATION
28.1 Each full time employee shall earn vacation leave as follows:
1 year
2-3 years
4 years
5 years
6 years
7 years
8 years
9 years
10-15 years
16-20 years
21 years
Vacation Vacation
Days Hours
10 80
15 120
16 128
17 136
18 144
19 152
20 160
21 168
22 176
24 192
25 200
Years of Service
28.2 Vacation leave may be taken as earned, in one or more one half (1/2) dayone hour
blocks, subject to the approval of the Department Head who shall schedule vacations so
as to meet the operating requirements of the Department. Approval of vacation leave
requests must not be unreasonably withheld.
28.3 Employees may accrue vacation leave to a maximum of the leave earned in the
most recent two employment years. Vacation leave accrued during October 1-
September 30 may exceed this stated policy, however, any amount over the allowable
maximum that has not been used during that (October 1 - September 30) period will be
forfeited as of September 30. However, employees who have been denied vacation shall
have the excess vacation hours paid to them, at their regular straight time rate of pay in
the last pay check of the fiscal year.
28.4 Vacation requests of three (3) shifts or less must be requested and approved or
denied prior to the end of the work shift the work day preceding the time requested off.
Vacation requests of four (4) shifts or more must be requested and approved or denied
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forty-eight (48) hours prior to the time requested off. Advanced vacation requests must
be approved or denied within thirty (30) days of the date of the request.
28.5 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 Departmental call-in procedure with the Supervisor within
thirty (30) minutes of the start of the work shift.
28.6 An employee who takes leave without a timely request or without approval shall
be docked pay for the time not worked and is subject to additional disciplinary action.
28.7 Emergency Cash-In of Vacation and/or Sick Leave Time
28.7.1 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 (less 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.
28.7.2 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 hislher sick leave account. The employee must retain a minimum of eighty
(80) sick hours on the books.
28.7.3 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.
28.7.4 Denial of sick leave pay will be made in writing stating the reasons for the denial.
Employees may take advantage of this provision once during each year of this agreement
28.8 Up to twenty-four (24) hours of an employee's annual vacation accrual may be
granted for absences from work when a vacation request cannot be made
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according to Article 28.4. Employees must notify their supervisor of the need for
this absence within one half (1/2) hour of their normal shift start time. Time used
in this regard may be used in increments of one (1) hour.
28.9 Employees shall be allowed to take their birthday off and the day shall be charged
as a vacation day in accordance with the rules and provisions regarding the use of
vacation time.
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ARTICLE 29
29.0 BONUS DAYS AND BONUS INCREASES
29.1 BONUS DAYS:
29.1.1 The intent of this Article is to establish a wellness program designed to minimize
time lost on the job and to help reduce the City's overall health insurance expenses. The
City recognizes that employees occasionally suffer from injuries or illness necessitating
the use of paid sick leave time off. However, this program provides incentive to reward
those employees who use sick time responsibly.
29.1.2 All full time City employees covered by this policy are eligible to receive a bonus
day for continuous attendance at work at the completion of each calendar quarter that the
employee has not used sick time during the previous quarter, nor has been absent from
work or on leave other than those paid leave categories recognized in this document.
29.1.3 Bonus days shall be counted as vacation leave and subject to the provision set
forth for use of vacation.
29.2 BONUS INCREASES:
29.2.1 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
forms by the Department Head. This bonus will not affect the employees pay grade and
step. Funds for the bonus will be budgeted as a separate allowance and administered
under the direct control of the City Manager. Employees are not automatically entitled to
bonus is a system where top performance can be recognized by the immediate supervisor
and prompt rewards can be made at the discretion of the supervisor provided the
department head concurs. This top performance must be substantiated by the supervisor
and the Department Head using the prescribed forms furnished by the City Manager.
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ARTICLE 30
30.0 HOLIDAYS
30.1 The following holidays shall be observed for employees in the bargaining unit:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
30.2 For each observed holiday, a full-time employee shall be entitled to eight (8)
hours of pay at the employee's regular rate of pay, except where employees are normally
scheduled to work a ten (10) hour day. In that case, they shall receive ten (10) hours of
pay. In all events, where the employee is scheduled off for the holiday, the employee
shall be paid straight time for not working that holiday. In the event that an 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.
30.3 A full-time employee required to work and who actually works on an observed
holiday or on the actual calendar day the holiday but not both, shall receive time and one-
half (1 1/2) their regular rate of pay for all hours worked in addition to that payment
provided in Section 2.
30.4 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.
30.5 Holidays falling on a Saturday shall be observed the preceding Friday. Holidays
falling on Sunday shall be observed the following Monday.
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ARTICLE 31
31.0 COMPASSIONATE LEAVE
In the event of the 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 shall be entitled to paid
compassionate leave not to exceed three (3) consecutive workdays for anyone death.
However, if it is necessary for the employee to leave the State in connection with the
interment of the deceased, five (5) consecutive workdays shall be allowed. 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.
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ARTICLE 32
32.0 MIUT AR Y LEA VE
32.1 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.
32.2 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.
32.3 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 determining
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.
32.4 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
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ARTICLE 33
33.0 LEAVE OF ABSENCE
33.1 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 of 30
calendar days must be approved by_the City Manager. Employees that are on approved leave
of absence without pay will be responsible for paying all their benefit premiums, e.g.,
insurance, etc.
33.2 Leave of absence without pay will 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. All employees on leave of absence without
pay are subject to applicable provisions of these rules. There will be no accrual of sick
leave, vacation leave or seniority during a leave of absence without pay exceeding 30 days
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ARTICLE 34
34.0 UNAUTHORIZED ABSENCE
34.1 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.
34.2 However, a bargaining Unit Member who is absent from work without authorized
leave for a period of not less than three (3) days or more than thirty (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 of
Human Resources must be provided with details of the absence and he or she must
determine if just cause exists.
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ARTICLE 35
35.0 JURY DUTY
35.1 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.
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ARTICLE 36
36.0 SENIORITY, LAYOFF & RECALL
36.1 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 work force 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.
~36.2 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
36.3 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 shall notify the Union at least two weeks in
advance of the intended action and the reasons therefore.
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c. Layoffs will be made in reverse order of seniority within the
department. Senior laid-off employees of the department shall be
able to displace (bump) junior employees who are in any
equivalent or lower classification for which the bumping employee
is eligible for or for which he qualifies by meeting the requirements
as set forth in the job description.
d. Laid-off employees also shall have the right to accept the lay-off. In
this connection, the laid-off employee shall have his name placed at
the top of the eligibility list for any position which becomes open, and
for which the employee is qualified. The employee may pass or accept
placement into any such open position for a period of one year.
e. Employees shall have recall rights for a period of one year from the
date the lay-off took affect. Upon recall, employees shall have all
seniority and benefits restored with the exception of any benefits that
were cashed in during lay-off period.
f. Employees may also choose to accept the lay-off at the time of the
initial lay-off and receive a severance package of nine weeks wages.
In this connection, the employee may not reapply to a position within
the City for one year from the date the lay-off took affect and shall not
be placed on the recall list.
g. It shall be incumbent on the laid-off employee to ensure the City has
information pertaining to his most recent address for the purpose of
recall.
h. Employees shall be recalled in the inverse order of the layoff. The
City shall recall employees via a written document using the US Mail
service. Recall letters shall be sent certified, with a return receipt
requested. Employee shall have ten (10) business days to respond to
the recall letter. A laid-off employee who is temporarily unable to
return to work due to medical reasons shall receive an extension of
recall rights not to exceed four (4) months.
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NCF&O/SEIU LO AL 1227
ARTICLE 37
37.0 RECRUITMENT AND SELECTION
37.1 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.
37.2 Basic Requirements
37.2.1 Human Resources is responsible for the nondiscriminatory implementation of this
policy.
37.2.2 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.
37.2.3 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.
37.3 Procedures
37.3.1 Applications and Interviews
37.3.1.1
Once Human Resources has officially announced a iob vacancy through
the posting of an Employment Opportunity notice. the official recruitment
process has begun. The recruitment process may be withdrawn for any
position by the Director of Human Resources.
37.3.1.2
Individuals desiring consideration for employment must submit an
Application for Employment. or a resume to Human Resources.
Employees are encouraged to submit applications for promotional
opportunities. All applicants submitting a resume and granted further
consideration shall complete an Application for Employment. Veterans
preference will be given in compliance with current legislation.
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37.3.1.3
37.3.1.4
37.3.1.5
37.3.1.6
37.3.1.7
37.3.1.8
37.3.1.9
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.
All applications and resumes received by departments must be forwarded
to Human Resources.
Applications for employment may be accepted by the Human Resources
Department when there are current vacancies for a specified position.
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 filled.
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.
Human Resources shall advise the appropriate Department Head of the
eligible applications.
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.
b. Prepare an interview schedule and conduct interviews. Human
Resources may assist in scheduling, contacting, or co-interviewing of
applicants at the request of the department.
c. Determine which candidate is most suitable for further consideration and
proceed with additional interviews, if necessary.
d. Determine that the applicant pool was sufficient prior to recommendation for
employment.
37.3.2 Selection, Reference Checks and the Recommendation Process
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NCF&O/SEIU LO AL 1227
37.3.2.1
37.3.2.2
37.3.2.3
37.3.2.4
37.3.2.5
37.3.2.6
37.3.2.7
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.
Human 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.
Once the results of reference checks and other verifications appear
satisfactory, the department will be notified in order that processing may
continue.
The department may then recommend an applicant for employment and
submit the proper forms to Human Resources for processing. Ifthe
Department Director proposes a salary that exceeds the minimum of the
position's pay range, written justification must be included for consideration
of the salary.
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.
After acceptance of an 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.
It is the City's intent to employ the most qualified applicant best suited for
the position. Current employment with the City is a factor, but is not, in and
of itself, determinative or controlling.
37.3.3 Employment Acceptance
37.3.3.1
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
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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.
37.3.3.2
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.
37.3.4 Orientation
37.3.4.1
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.
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ARTICLE 38
38.0 SAFETY AND HEALTH
38.1 Those employees of the Beach Patrol who are assigned lifeguard duties
will be provided masks or goggles, sunscreen lotion, bathing suits, and winter jackets for
safety purposes. In addition employees shall receive a wage allowance, by December 1 st
of each year, for the purchase of specialty sunglasses of $120.00 per fiscal year.
Mechanics will be provided two sets of overalls per year for safety purposes.
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.
38.2 Employees who are in positions designated by the Safety Committee will
receive a shoe wage allowance of$190.00 each year for safety shoelboots 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.
Employees who fail to wear proper shoeslboots to work are subject to disciplinary action.
38.3 The union may participate on the Safety Committee.
Employees in Sanitation who provide Re-cycle, Rear Loader and Vegetation services, and
Water Utilities employees who are Meter Readers, Water Plant Mechanics and Operators
may require more shoes each year than the wage allowance will cover. In this event, the
employee must present the worn shoes and original receipts for shoe purchases in the
fiscal year totaling more than the shoe wage allowance provided in Section 38.2, to his
supervisor to receive approval prior to the City purchasing the employee an additional
pair of shoes.
38.4 The Incident Review Board shall include one representative appointed by the
Union.
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ARTICLE 39
39.0 TOOL REPLACEMENT
39.1 Except in the case of negligence or misuse as determined by the Incident
Review Board, 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.
39.2 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
an assigned City owned vehicle or City property shall be replaced by the City, if the
employee was not negligent in the loss. In the event that the employee was negligent, as
determined by the Incident Review Board, the employee shall be responsible for the
replacement of the lost or stolen tools.
39.3 Fleet Mechanics shall receive an allowance of $750.00 annually to
purchase new tools that are required for the employee to complete his assigned task. The
City shall continue to purchase all required specialty tools and replace lost, stolen, or
broken tools at fair market value. For all other employees, the City shall provide all
necessary tools to those bargaining unit employees required to utilize tools in their service
to the City.
Payments provided for replacement items under this contract are provided as a
reimbursement and not as a flat payment.
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ARTICLE 40
40.0 UNIFORMS
40.1 The City will issue a newly-hired employee the following properly fitted standard
industrial quality uniforms thirty (30) days after starting work:
5 Green short-sleeve or long-sleeve work shirts
5 Green work pants
5 Tee Shirts
1 Jacket (Bi-annually)
Hats as necessary
5 White Polo Shirts (Bus Drivers and Animal Control Officers Only)
40.2 Employees have been furnished a uniform and must wear their uniform to work.
Bargaining unit members are being given a sufficient number of uniforms to make a neat,
clean appearance at work every day. Bargaining unit members will not be allowed to start
work each day unless they are in full uniform. Employees must purchase additional
uniforms if necessary to comply with this Section unless the uniform is replaced pursuant
to Section 6 of this Article. Only City issued hats and jackets may be worn while on duty,
inclusive of breaks.
40.3 Bargaining unit members agree to maintain the uniforms and to hem the pant
leges) properly (There will be no cutting or ripping of raw, unfinished edges, rolling up,
stapling or scotch taping).
40.4 The City Manager, in hislher sole discretion, may permit employees in certain
classifications to wear shorts. When worn, shorts must be neatly tailored and hemmed
without frayed edges or cuts, and must fall within four (4") inches of the kneecap. During
the term of this agreement and thereafter, the City Manager in hislher sole discretion may
change the decision made under this Section and the Union agrees to waive any
bargaining over such changes.
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40.5 Bargaining unit members will be entitled to a reissue of properly fitted standard
industrial quality uniforms. Reissue of uniforms on an annual basis consists of 5 work
pants and five work shirts, with an option of five T-shirts for a total of 10 shirts (This
option is determined by the employee's needs).
40.6 Uniforms destroyed or damaged while being worn on the job will be replaced
provided a memo outlining the cause of the damage is provided. All issues being
replaced must be turned in for the new issue and recorded.
40.7 City uniforms are for City job use only. Uniforms shall not to be worn on outside
jobs, be given to non-city employees, or worn while off duty (break periods excepted),
except while the employee is actually traveling to and from work. Uniforms may be worn
while traveling to and from work, provided the employee does not stop in transit to
engage in personal business or activities. Bargaining unit employees shall not purchase or
consume alcoholic beverages while wearing their uniform.
40.8 During the term of the Agreement, should the City provide a uniform cleaning
service to bargaining unit members, a committee may determine to change the color of
the uniforms to the color "blue". Employees may opt out of utilizing the uniform
cleaning service if they can provide documentation from a physician indicating a medical
condition that requires the use of other cleaning process.
40.9 An employee may wear a City approved alternate uniform when the employee has
a medical condition, as identified by the employee's physician and verified by a City
appointed doctor, which condition prevents the employee from wearing the standard
department uniform.
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ARTICLE 41
41.0 INSURANCE
41.1 The City shall pay the total comprehensive medical, and dental insurance and
vision care premiums for all regular employees. The employees will pay the full cost of
comprehensive medical and dental insurance and vision care premiums for their
dependents. Existing or comparable coverage shall remain in effect for the duration of
this Agreement; however in the event the City can provide for alternative equivalent
benefits options for employees then the health insurance coverage for the employee and
their dependents may be amended from time to time. In this connection, should the
employees' cost to provide dependent coverage for their dependents increase more than
15 % during any fiscal year, the City agrees to open this Article for the purpose of impact
bargaining. The selection of insurance coverage shall be made on an annual basis by the
City. To that end, the City will form an insurance committee to be comprised of an equal
number of non-represented members who are appointed by the City Manager and two
members from each 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.
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ARTICLE 42
42.0 PERSONNEL FILES
42.1 The personnel files for all City employees are 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 hislher own personnel records and shall have the right to make
duplicate copies of hislher records at no 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.
ARTICLE 43
43.0 Tuition Assistance Program
43.1 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
Increase.
43.2 SCOPE
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43.2.1 The provisions of this procedure shall apply to all full time employees who choose
to attend an accredited college or university to pursue an approved degree course.
43.2.2 LIST OF RESPONSIBILITIES:
A. All full time Employees
B. Division Heads
C. Department Managers
D. Tuition Assistance Coordinator
E. Director, Organizational and Strategic Development (OSD)
F. Human Resources
43.2.3 DEFINITIONS
43.2.3.1
Full time employee - an employee who has completed one year of service
with the City after hiring or promotion to full time status.
43.2.3.2
Tuition Assistance Coordinator -- Assigned designee who coordinates the
Tuition Assistance Program.
43.2.3.3
Director, Organizational and Strategic Development - Assigned person
who supervises the Tuition Assistance Program.
43.2.3.4
CAP - Upper limit on dollar amount that the City shall reimburse.
43.3 REQUIREMENTS
43.3.1 Eligibility
43.3.1.1 Applicants shall be full-time employees and meet the following performance
and length of service requirements prior to beginning classes.
43.3.1.2 Full time employees who have completed their one-year probation. Part-time
and Temporary Employees shall not be eligible to receive tuition assistance.
43.3.1.3 Employees who are bound by a union contract that references a tuition
reimbursement will follow the provisions laid out in their contract and shall
not be eligible under the terms and conditions of this Tuition Assistance
Policy.
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43.3.1.4 Employees must maintain a mInImUm or comparable rating of "meets
standards" on performance reviews in order to remain eligible for tuition
assistance.
43.3.2 Application
43.3.2.1 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.
43.3.2.2 Application is restricted to tuition and texts only for approved courses
required in the program.
43.3.2.3 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 will submit it to the Director
Organizational & Strategic Development for final approval.
43.3.2.4 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
will be returned to the employee and will delay approval.
43.3.2.5 Original receipts for tuition and books should be sent to the Tuition Assistance
Coordinator as soon as they are available. Reimbursement will not be made
without original receipts.
43.3.2.6 Final approval of all Tuition Assistance applications rests with the Director of
Organizational & Strategic Development. Job-relatedness as determined by
the City shall factor significantly into the City's decision to approve a given
course or program.
43.3.2.7 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.
43.3.3 Selection of courses and schools
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43.3.3.1 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 performance in their present job or prepare for
advancement within the City. All courses in a degree program shall not be
automatically covered. Electives must be chosen to provide the greatest
benefit for the employee's current position or a future position within the
organization.
43.3.3.2 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.
43.3.3.3 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 well as the
ability of the employee to attend these classes, shall be a determining factor in
approving a correspondence course.
43.4 Ineligible Courses
43.4.1 Certain courses shall 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.
43.4.2 Seminars, of any kind, shall not be reimbursed under the Tuition Assistance
Program.
43.4.3 The Tuition Assistance Program shall not cover classes that earn Continuing
Education Units (CEUs).
43.4.4 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.
43.4.5 Courses that are graded on a pass/fail option shall not be eligible.
43.4.6 Courses that officially began prior to the employee becoming eligible for
tuition assistance shall not be eligible.
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43.4.7 Courses issuing credit for "Life Experience" or Portfolios shall not be
covered.
43.5 Materials and Fees
43.5.1 Eligible for reimbursement.
43.5.1.1 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."
43.5.1.2 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.
43.5.2 Ineligible for Reimbursement.
43.5.2.1 The following fees shall be ineligible for reimbursement: activity,
administrative, application, course change, entrance exams (e.g., SAT, GRE,
GMA T), graduation, health, laboratory, late registration, library, parking,
registration, transcript, etc.
43.5.2.2 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.
43.6 Tuition and Books
43.6.1 Eligible for Reimbursement
43.6.1.1 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.
43.6.1.2 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
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accept responsibility to pay the employees tuition to the school or any other
party.
43.6.1.3 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.
43.6.1.4 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
43.6.2 Ineligible for Reimbursement
43.6.2.1 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.
43.7 Terminated employees
43.7.1 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 reimbursement to be paid.
43.7.2 Employees who voluntarily leave their employment or are terminated "for
cause" will be required to reimburse the City 100% of the tuition assistance
received during the 24 month period prior to their termination date.
43.8 Submission of Grades
43.8.1 A copy of the approved Application for Tuition Assistance form or a facsimile
shall be re-submitted to the Tuition Assistance Coordinator along with the
original grade report and any remaining original receipts.
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43.8.2
43.8.3
43.8.4
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.
43.9 Disbursement
43.9.1
43.9.2
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.
43.10 RESPONSIBILITY AND AUTHORITY
43.10.1 Management, at all levels, shall be responsible for enforcing this policy within
their area.
43.1 0.2 The interpretation and administration of this policy shall be the responsibility
of the Director of Organizational and Strategic Development.
43.10.3 The Director of Organizational and Strategic Development or assigned
designee, shall be responsible for the audit, approval, and processing of tuition
assistance applications and reimbursements.
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ARTICLE 44
44.0 GENERAL PROVISIONS
44.1 The employee shall be allowed to place written responses in their personnel file
and/or departmental work file when those responses relate to material placed into the
personnel file which has been prepared by the supervisors (i.e. reprimands, written
comments).
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ARTICLE 45
45.0 DUES DEDUCTION
45.1 Employees covered by this Agreement may on the prescribed form, authorize
payroll deduction for the purpose of paying LOCAL 1227 dues and/or a uniform COPE
deduction. Employees shall receive copies of the form from either the City Finance
Department or their Union office.
45.2 The Union will initially notify the City as to the amount of dues and/or COPE
deduction. Such notification will be certified to the City in writing over the signature of
an authorized officer of the Union. Changes in Union membership dues or COPE
deductions will be similarly certified to the City and shall be done at least one (1) month
in advance of the effective date of such change. To revoke the payment of Union dues
and/or COPE deductions~ the employee shall go to the Union office and Union staff shall
prepare and mail notice of such change to the City's Finance Department.
45.3 Dues and COPE deduction~ 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 check
for COPE deductions will be submitted to the Union separately from the check for dues
on a quarterly basis beginning April 2004. 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 and/or COPE deductions.
45.4 For the purpose of putting this article into effect, the Union will furnish forms for
such individual authorization reading as follows:
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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 herby 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 these authorizations are voluntary and I may revoke them at any time by
giving my employer and the Union thirty (30) days advance notice in writing.
Date
Signature
Job Title
Name Printed
Social Security No.
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ARTICLE 46
46.0 PENSION
46.1 Employees will continue to participate in the employees pension plan of the City
of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual
actuarial valuation report will be provided to the Union, in its entirety, upon request from
the Union.
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ARTICLE 47
47.0 SUBSTANCE ABUSE
47.1 The NCFO, LOCAL 1227 recognizes and supports the City's Drug Free
Workplace Policy as adopted in Ordnance No. 92-51 and will work with the City to
enforce the provisions of the policy. It is recognized by the Union that the City's Drug
Free Workplace Policy applies to all members of this bargaining unit.
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City of Boynton Beach
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NCF&O/SEIU L CAL 1227
ARTICLE 48
48.0 PROBATIONARY PERIOD
48.1 All newly hired or rehired employees shall be subject to a probationary
period of-one (1) year.
48.2 All promoted employees shall be subject to a probationary period of six
(6) months.
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City of Boynton Beach
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NCF&O/SEIU LOCAL 1227
ARTICLE 49
49.0 LONGEVITY BENEFIT
49.1 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
49.2 Employees will receive a cash Lump Sum Bonus as follows:
On the employees fifth (5th) anniversary a lump sum payment of $500.00;
On the employees tenth (10th) anniversary a lump sum bonus payment of
$1000.00;
On the employees fifteenth (15th) anniversary a lump sum bonus payment
of $1,500.00;
On the employees twentieth (20th) anniversary a lump sum bonus payment
of $2,000.00.
On the employees twenty-fifth (25th) anniversary a lump sum bonus
payment of $2,500.00.
On the employees thirtieth (30th) anniversary a lump sum bonus payment
of $3.000.00.
On the employees thirty-fifth (35th) anniversary a lump sum bonus
payment of$3,500.00.
On the employees fortieth (40th) anniversary a lump sum bonus payment of
$4,000.00.
49.3 Any pay earned for Longevity Benefits IS subject to required Federal
deductions.
49.4 Employees who terminate from the City employment prior to their hire
anniversary date will not be entitled to benefits.
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NCF&O/SEIU LOCAL 1227
ARTICLE 50
50.0 SA VINOS CLAUSE
50.1 If any Article or section of this Agreement should be found invalid, unlawful or
not enforceable, by reason of any existing or subsequently enacted legislation or by
judicial authority, all other articles and sections of this Agreement shall remain in full
force and effect for the duration of this Agreement.
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NCF&O/SEIU LOCAl 227
ARTICLE 51
51.0 MODIFICATION OF CONDITIONS
51.1 Changes to City or Departmental rules and regulations may be made by the City
following thirty (30) days written notification to the Union. When pre-implementation or
impact bargaining is requested by the Union, the implementation date of the change shall
be delayed an additional thirty (30) days.
51.2 There is are no non-salary (wages or allowance) monetary benefits, including
those established by past practice, except those expressly set forth or incorporated by
reference in this Agreement.
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NCF&O/SEIU LO A 1227
ARTICLE 52
52.0 POSTING OF AGREEMENT
52.1 The City will maintain a copy of this Agreement for inspection in the Human
Resource Department.
52.2 .The Union agrees to pay the City up to $300.00 to offset the cost ofthe printing
and distribution of this Agreement to bargaining unit employees.
52.3
52.4 The City will provide each new employee with a copy of this Collective
Bargaining Agreement at the time of their initial orientation.
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NCF &O/SEIU LOCAL 1227
ARTICLE 53
53.0 COLLATERAL DOCUMENTS
53.1 This Collective Bargaining Agreement does not exist in a void. Provisions of the
City's PPM, APM, Departmental Rules, and other policies established by
resolution or ordinance (collectively referred to as collateral documents) are
applicable to bargaining unit members unless the terms of said collateral
documents conflict with the terms of this Agreement, in which case the terms of
this Agreement shall control.
53.2 Nothing herein shall be interpreted to preclude the right of the Union to impact
bargain, subject to applicable law.
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City of Boynton Beach
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NCF&O/SEIU LOCAL 1227
ARTICLE 54
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54.0
DURATION
54.1 This Agreement shall become fective on ratification by both parties as
prescribed by Chapter 447, orida Statutes and remain in full force and effect
until September 30, 2007. 0 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, 2007 shall be frozen as of that date and shall constitute
the status quo during any period of negotiations for a successor agreement.
54.2 Either party may reopen the Wage Article and two additional Articles during the
second year of the Agreement (10/1/05-9/30/06). It is the intent of the parties that
if there is a reopener of wages in year two, that they will attempt to reach an
agreement on wages for both the second and third year of the Agreement. If, and
only if, the parties reach an agreement for wages for year two, but not year three,
the Union may request reopener of only the Wage article for the third year of the
Agreement, provided it does so in writing no later than July 1, 2006.
A notice of intent to reopen shall be made in writing. The parties will promptly
engage in bargaining the reopened article( s).
Agreed to this W 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
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LOCALPRE IDENT
Sharon Munley
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Witness
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Witness
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CITY OF BOYNTON BEACH
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Witness
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NCF&O/SEIU LOCAL 1227
ATTEST
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Witness
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?iO~D ~S_~;;;;;;:;:CTNESS ~
f/ttlf. ~Y CITY MANAGE~
,fy James Cherof Kurt Bressner
Date ratified by Commission: fa.. - b -DS" Date ratified by Union:
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NCF&O/SEIU LOCAL 1227
Appendix "An CITY OF BOYNTON BEACH
NCF&O/SEIU UNION TIME-OUT FORM
(Request to be absent from duty by an authorized Union Representative)
I, ______________________________________________________________________, request to be absent from duty for a union
REPRESENTATWE'S NAME
m eetin g at __________________________________________ ,on _______________________________________ , at ------------------------------------- for
LOCATION DATE TIME
the following Reason:
Grievance
Consultation with Management
Pre-Determination Conference
Employee Requested Representation
Collective Bargaining
Arbitration
NCF&O Business
(CHECK ONE)
This form must be completed and
received by Finance within seven (7)
calendar days of the meeting date as
stated on this form.
Union Representative's Signature
Release Authorization - _ Approved Denied (Completed by Supervisorl Manager)
-
I t
Printed Name Title Time Out
Signature Date
Meeting Verification (Completed by Management Representative at meeting or Supervisor
releasing employee for meeting with union representative)
I I
Printed Name Title Meeting Start Time
I t
Signature Date Meeting End Time
Return to Work (Completed by Supervisorl Manager)
I I
Printed Name Title Time Returned
Signature Date
TOT AL ELAPSED TIME , t
(Total elapsed time is the difference from the TIME OUT and the TIME RETURNED)
Reason for denial:
Yellow/Employee
Pink/Meeting Manager Green/Releasing Manager
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White/Human Resources Blue/Department
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