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NCF&O Local 1227 The City of Boynton Beach OFFICE OF THE CITY MANAGER 100 E. Boynton Beach Boule"vard . P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail: city.manager@;iboynton-beach.fl.us www.ci.boynton-beach.jl.us To: From: Date: Subject: Sharon Munley, President NCF&O Local 1227 Kurt Bressner, City Manager y/ November 7,2005 T AVersion 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 Cherof to 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 "TA 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 of pages. 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. 1 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 Cherofto Kathleen Phillips on _ explaining the City's reason for this language: From: Jim Cherof [mailto:jcherof@cityatty.com] Sent: Friday, November 04, 2005 7:03 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, 2005 2:49 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 2 America's Gateway to the Gulfstream agreed to it Kathlr~()ri' rJhi/!ips Phillips Richard & Rind, PA 9360 S W 72nd StreetSuile 283 MiamI, Florida 33171 PH. 305-412-8322 Fax: 305-412-8299 Email: kphillipsCii?phillipsrichard.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 3 America's Gateway to the Gulfstream ~ \\\ ~\,l 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 R05-c9.08.. /# 1//1(-\ c:\documents and settings\bressnerk.city\local settings\temporary internet files\olk7\cba 101205 ver clean plus 102005 (2).doc TABLE OF CONTENTS Article Page 1 Preamble 5 2 Recognition 6 3 Rights of Employees 7 4 Management Rights 8 5 Strikes 8 6 Non-Discrimination 9 7 Representation ofthe City 10 8 Union Representation II 9 Collective Bargaining 13 10 Union Time Pool 14 II 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 27 18 Wages 28 C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ^'~ ~g d/l!>lO' City of Boynton Beach ~~~ l n . CF&O/SEIU L CAL 1227 2 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 C:\Documents and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 3 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM A~ YG> ~l{ ~[O\ ~~ (/~o)' 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 50 Savings Clause 69 51 Modification of Conditions 70 52 Posting of Agreement 71 53 Collateral Documents 72 54 Duration 73 C:IDocuments and Settingslbressnerk.ClTYILocal SettingslTemporary Internet FileslOLK71CBA 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:t8 PM ^(;JLG 4 ~d~(c>("" ~~~\(w~~ 'N F&O/SElU LOCAL 1227 City of Boynton Beach ARTICLE I 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 ofthe 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 ofthe community and the job security of the employees ofthe 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. C:\Documents and Setlings\bressnerk.CITY\Local Setlings\Temporary tntemet FiJes\OLK7\CBA 101205 Yer clean plus 102005 (2).doc 11/4/20053:23:18 PM /\~ J!B Il/r..{oC 5 City of Boynton Beach ~<}:,~, \ \ I, oC; NCF&O/SEIU LOCAL 1227 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. C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 6 ]0]205 Yer clean plus 102005 (2).doc ] ]/4/20053:23:18 PM /,'(: ..v~ ~ l 110 ( 0," City of Boynton Beach \A6ttil1 ((hIO~ NCF&O/SEIU LOCAL 1227 ARTICLE 3 3.0 RIGHTS OF EMPLOYEES 3.1 The employees in the bargaining unit shall have the right to join or assist the Union or to refrain from any such activity. 3.2 All provisions of this Agreement shall be applied fairly and equitably to all employees in the Bargaining Unit. 3.3 Employees may request a Union representative to be present when they believe a formally scheduled meeting with a supervisor may lead to discussions which could form the basis of disciplinary action. ARTICLE 4 4.0 MANAGEMENT RIGHTS C:\Documents and Settings\bressnerk.CITYILocal Settings\Temporary Internet Files\OLK7\CBA t01205 Ver clean plus 102005 (2).doc t l/4/20053:23:I8 PM /\~ ~B, 7 Idlolo\ ------- c:: A..---, /' . . ~/1.-1 \\, 0') NCF&O/SEIU LO AL 1227 City of Boynton Beach 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. C:IDocuments and Settingslbressnerk.CITY\Local SettingslTemporary Internet FileslOLK71CBA 101205 Ver clean plus 102005 (2).doc J 1/4/20053:23:18 PM ~ 4!g \'/ b!O\ 8 .~--A ,;..A I I ~ -- \.. ~7V1 II -..,' uS NCF&O/SEIU LOCAL 1227 City of Boynton Beach 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 ofthe 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 ofthe 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, C:\Documents and Settings\bressnerk.CITYILocal Settings\Temporary Internet Files\OLK7\CBA 9 101205 Ver clean plus 102005 (2).doc 11/4120053:23:18 PM /\~ ~iB ,ll4,for City of Boynton Beach ~A G.A7'l11 "l+b- NCF&O/SEIU LOCAL 1227 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 ofthis Article. C:\Documents and Settingslbressnerk.CITYlLocal SettingslTemporary Internet FileslOLK71CBA 10 101205 Ver clean plus 102005 (2).doc t 1/4/20053:23:18 PM 4 JiB IdJ,(o~ City of Boynton Beach \A~ \\hlu:; NCF&O/SEIU LOCAL 1227 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 ofrace, creed, color, sex, age, national origin, marital status, physical handicap, sexual orientation or membership or non-membership in the Union. C:\Documents and Settings\bressnerk.CITYILocal Settings\Temporary Internet Files\OLK7\CBA I I 101205 Yer clean plus 102005 (2).doc t 1/4/20053:23:18 PM /\~ ld?, II hA 0 \--- City of Boynton Beach \ NCF&O/SElU LOC 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. C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 12 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM AI ~B tl {foro-( City of Boynton Beach --\A ~~ 1\ h io~ NCF&O/SEIU LOCAL: 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 (I) 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: I. 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 C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 13 101205 Ver clean plus 102005 (2).doc 11/4120053:23:18 PM -m:~ Illb(as- City of Boynton Beach --. :J\ "'\ 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. C:\Documents and Settings\bressnerk.CITYILocal Settings\Temporary Internet Files\OLK7\CBA 14 101205 Ver clean plus 102005 (2).doc t t/4/20053:23:18 PM --rp,.. .lc!e, II I "I 0 .( City of Boynton Beach --rA;~ \\h(GS NCF&O/SElU LOCAL 1227 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. C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet Files\OLK7ICBA 15 101205 Yer clean plus 102005 (2).doc t l/4/20053:23:18 PM --n~- Je, It! f.,(0 \" City of Boynton Beach \14 ~ "hies NCF&O/SElU LOCAL 1227 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. C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 16 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ,A ;J..f.b ld~t()('" City of Boynton Beach ~A~V1 \/I)/us NCF&O/SElU LOCAL 1227 ARTICLE II 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. C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 17 101205 Ver clean plus 102005 (2).doc t 1/4/20053:23:18 PM \f\ :1...0 I t I d O( City of Boynton Beach IA'~ I d~/o;- NCF&O/SE1U LOCAL 1227 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 of the 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 I. Within ten (10) working days of the incident or the time which the employee had knowledge of the incident, the Union may initiate a grievance with the employee's Department Director. The grievance shall be hand delivered or send by facsimile during regular working hours (8:00 AM to 5:00 PM). The written grievance must state the following: C:\Documents and Settings\bressnerk.CITYILocal Settings\Temporary Internet Files\OLK7\CBA 18 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM -rPt- ~ 111"(01 City of Boynton Beach ~~vt~ 111,105' NCF&O/SEIU LOCAL 1227 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 (11th) 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 of the grievance procedure, the Union, within twenty (20) days of such decision, may refer the dispute to an impartial arbitrator from the pre-selected panel of arbitrators appointed by mutual agreement of the parties. The arbitrators shall set the hearing on the matter appealed will be heard within ninety (90) days following appointment. lfthe 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. C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 19 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM \Pr ~c, l \1 ~l() r City of Boynton Beach 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 his/her jurisdiction shall be final and binding on the Union, the City and the employee covered by the Agreement. When the arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense, If arbitrability is raised by the city, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration hearing on the grievance itself, if the matter is arbitrable. The issue of arbitrability shall be determined in summary fashion without a hearing. The parties shall submit the issue to the arbitrator by motion of the city with supporting documentation and/or affidavits. The Union shall file its response with supporting documentation and affidavits within ten (10) days of the City's motion, The arbitrator shall make his/her ruling based on the documents provided by the parties. The arbitrator may, at the arbitrator's discretion, conduct one telephone conference with counsel for the City and Union prior to ruling on the City's motion. If the City raised the question of arbitrability and loses that determination, the City shall pay the arbitrator's fee for the arbitrability determination. If the City raised the question of arbitrability and the arbitrator determines that the matter is not arbitrable, the Union shall pay for the arbitrator. 12.5.1 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. C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 20 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ~ ;l...6 It! ~lo \ City of Boynton Beach ,4c.,4,111 1~')Jo.5 NCF&O/SElU LO AL 1227 12.8 The term "day" shall mean Monday through Friday, exclusive of holidays, as recognized by this agreement. C:IDocuments and Seltingslbressnerk.CITYILocal SeltingslTemporary Internet FileslOLK71CBA 21 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ~ ill \ l/C,[O\{" City of Boynton Beach -\A:~ \IWO~ NCF&O/SElU LOCAL 1227 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. C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 22 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ~. .Je> \II bltl \" City of Boynton Beach ---\A ~V\ I ii--do { NCF&O/SEIU LOCAL 1227 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 C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 23 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ~ -J6 \d~{O\ City of Boynton Beach -fA ~ I ~h'!o{ NCF&O/SElU LO AL 1227 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 Pavor Dismissal SERIOUS MISCONDUCT 1. Violation or disregard of City Safety Policy & Procedures, including: a. Continued misuse of equipment or negligence resulting in injury to self others or damage to City equipment or property b. Horseplay potentially hazardous to life or property c. Unauthorized use or unsafe operation of City property, equipment or vehicles 2. Abuse of Personnel Policies, including: a. Threatening a co-worker or supervisor b. Use of abusive language to or about an employee, co-worker, supervisor or the public c. Insubordination, meaning the failure to recognize or accept authority of a supervisor 3. Abuse of departmental procedures and work rules, including: a. Sleeping on the job b. Absent without calling in to department within one hour of shift start time c. Disrupting or hindering departmental operations C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 24 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ,A ~ (tlL.{o\ City of Boynton Beach -rk~ \lhlt1S NCF&O/SEIU LOCAL 1227 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 ofthe 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 Susoension Without Pay Pavor Dismissal EXTREME MISCONDUCT I. Violations or disregard of City Safety Policy & Procedures, including: a. Failure to report an on-the-job injury or accident within 24-hours to the immediate supervisor b. Failure to report an employees' on-the-job injury to Risk Management within 24 hours and/or completion of necessary documentation c. Fighting on the job or engaging in any intentional act which may inflict bodily harm on anyone d. Operating a City vehicle or equipment without a required and valid driver's license e. Failure to report the revocation or suspension of a driver's license when employment involves driving 2. Abuse of Personnel Policies, including, but not limited to: C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 25 101205 Yer clean plus 102005 (2).doc 11/4/20053 :23: 18 PM ,PI- .J.6 11 ("LO\ City of Boynton Beach ---\A~ II!)!DS NCF&O/SEIU LOCAL 1227 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 C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 26 101205 Ver clean plus 102005 (2).doc I l/4/20053:23:18 PM ---rA- J?b \d bLe \ City of Boynton Beach ~~ LfaV\ \ d,lo~ NCF&O/SEIU LOCAL 1227 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 C:IDocuments and Settingslbressnerk.CITYlLocal SettingslTemporary Internet FileslOLK71CBA 27 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM \Pt. xh ldb(O r City of Boynton Beach - IA~ ,d,/o.5" NCF&O/SElU LOCAL 1227 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. C:\Documents and Settings\bressnerk.CITY\LocaI Settings\Temporary Internet FiJes\OLK7\CBA 28 101205 Ver clean plus 102005 (2).doc 11/4/20053 :23: 18 PM \P< i6 II \"lo-\" City of Boynton Beach '-;:A:~ llhlo~ NCF&O/SEIU LOCAL 1227 The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvements, a follow-up discussion at the end of the designated time period should be conducted. The follow-up discussion will provide a specific opportunity to review the employee's improvements relative to the discipline. Written reprimands should be reflected on the employee's performance appraisal along with any noted improvements. C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited from returning to work until the specified period of suspension has passed or the forfeiture of vacation time, if agreed to by the employee. Suspensions without pay shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when instances of progressive discipline supports a suspension without pay for a specified period of time. Any time an employee is suspended for discipline the suspension shall be without pay. 1. With the written authorization of the Department Director and Human Resources, immediate supervisors have the authority to issue a suspension without pay for three (3) working days or less. 2. Suspensions without pay beyond three working days require prior concurrence by Human Resources, review by the City Attorney's Office and authorization by the City Manager's Office. 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 C:\Documents and Setlings\bressnerk.C1TY\Local Setlings\Temporary Internet Files\OLK7\CBA 29 t01205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ~p, 'k6 \ttr,,/n ("' City of Boynton Beach .\.A~ II)O~ NCF&O/SEIU LOCAL 227 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 ofmisconduct~ 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 C:IDocuments and Settingslbressnerk.CITYlLocat SettingslTemporary Internet FileslOLK71CBA 30 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM \p> .\k, ld"lll (" City of Boynton Beach -'\A ~ \I I'-l! OS NCF&O/SEIU LOCAL 1227 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-DETERMINA nON 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 oftheir 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 ofthis Agreement. C:IDocuments and Settingslbressnerk.CITYlLocat SettingslTemporary Internet FileslOLK71CBA 31 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ---rA.. ~C> \<. ~b "r City of Boynton Beach ----cA~ Iii/Iv? NCF&O/SEIU LOCAL 1227 12.7.3 Rel!:ular employees may respond to discipline actions of counselinl!:, written reprimand and suspensions with or without pay, of, less than one (1) workday by reQuestinl!: 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. C:IDocuments and Settingslbressnerk.CITYlLocal SettingslTemporary Internet FileslOLK71CBA 32 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM \1='1. Vr, \\.\~lO\ City of Boynton Beach -r-I\~ \\/1 Ie; NCF&O/SElU LOCAL 1227 ./'7 :"'1..- ~ c;N2- , -'1':71- poor-> "-0 'i'- '~ \~~ C:\Documents and Settings\bressnerk.C1TY\Local Settings\Temporary Internet Files\OLK7\CBA 33 101205 Ver clean plus t02005 (2).doc 11/4/20053:23:18 PM J?8 t ,hl'!:)<, City of Boynton Beach ~11\ \\hlvS NCF&O/SEIU LOCAL 1227 ~~'0 r?o--~ ~ \~\.., V0-P\~ \, C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 34 t01205 Ver clean plus 102005 (2).doc 1114/20053:23:18 PM ~ Iddo6 City of Boynton Beach --------.t c:.. p- ~. II / \A ~v"\. ,I) h NCF&O/SEIU LOCAL 1227 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. C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 35 t01205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM \-0. ~p Illbltl<r City of Boynton Beach --\A~ ~)/o; NCF&O/SElU LO AL 1227 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. C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 101205 Ver ctean plus 102005 (2).doc 11/4/20053:23:18 PM 36 \Pt ':i..e:> \ d b [0 r City of Boynton Beach ./ 0':> L 1227 ARTICLE 15 15.0 TASKASSIGNMENT-SOLIDWASTE 15 .1 Workweek and Overtime 15.1.1 Solid Waste employees shall be held responsible for satisfactory completion of a daily task assigmnent. 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 assigmnent 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 I, 2005 through September 30, 2006). In the final year of this Agreement (October I, 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 C:IDocumenls and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 37 101205 Ver clean plus 102005 (2l.doc t t/4/20053:23:18 PM -m Xe, 1~/bLo6 City of Boynton Beach - \4~ \\k')}O( NCF&O/SEIU LOC L'1227 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 pay or 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. Voluntary 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. C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 38 t01205 Ver clean plus 102005 (2).doc I l/4/20053:23:18 PM \"~ J2G> \ I J b Lo "' City of Boynton Beach -----A- ~ I NCF&O/SEIU LO o{ 1227 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. C:\Documents and Settings\bressnerk.CITYILocal Settings\Temporary Internet Files\OLK7\CBA 39 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM \A :Jib \\1(,(0 r City of Boynton Beach ~A4l1V\ \ o( NCF&O/SEIU LOCA 1227 ~ V'" '<- ~o-c.9 .~ rJ-.,\f<i'-" \/ ~f''-6 C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 40 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ~& ,dbf()( City of Boynton Beach --\A~ "hlo? NCF&O/SEIU LOCAL 1227 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. C:\Documents and Seltings\bressnerk.CITY\Local Seltings\Temporary Internet Files\OLK7\CBA 41 101205 Yer clean plus 102005 (2).doc 11/4/20053:23:18 PM ~P-> lllblo.- City of Boynton Beach IA ~ Ilhk5' NCF&O/SEIU LOCAL 1227 ARTICLE ll. 18.0 WAGES 18.1 Effective October I. 2004. bargaining unit emplovees shall receive a 2% market adiustment added to base wage. 18.2 Effective April L 2005 bargaining unit emplovees 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 I 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". C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 42 10 I 205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ,Pr- ~~ 11/,101 City of Boynton Beach -r* ~7fI1A \ \ bJ ()[ NCF&O/SEIU LOCAL 1227 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: + I 0% 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): + I 0% 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: C:IDocuments and Settingslbressnerk.CITYlLocal SettingslTemporary Internet FileslOLK71CBA 43 101205 Ver clean plus 102005 (2).doc 1 t/4/20053:23:18 PM ~ 2~ Il)b[O"\ City of Boynton Beach <A~ \\, { NCF&O/SEIU LOCAL 227 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 C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 44 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM City of Boynton Beach .2e:. I lh (6 I" \"4: ~ 1'\ I I h bC;S NCF&O/SElU LOCAL 1227 ~ department is restructuring or realigning major responsibilities. Mid-year reclassifications must have the approval ofthe 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. C:\Documents and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 45 101205 Ver clean plus 102005 (2).doc t 1/4/20053:23:18 PM ~ J2:, ~lhl'O\ City of Boynton Beach ~I'Y'- 'r hi [;r; NCF&O/SEIU LOCAL 1227 ARTICLE 20 20.0 STANDBY & CALL BACK PAY Section 1. STANDBY PAY [n 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 hislher 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. C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 46 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ~ J2.0 \\hlor City of Boynton Beach .-----. 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. C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 47 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM \"""8 .J...p II lblo ~ City of Boynton Beach -,A 6th'Y\ \ d, /o[ NCF&O/SEIU LocAL 1227 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 of the 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. C:\Documents and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 48 101205 Ver clean plus 102005 (2l.doc 11/4/20053:23:18 PM \""F'> J/.e> (l1/:,(ox City of Boynton Beach --rA ~ 1 ~,-) uS NCF&O/SElU LO AL 1227 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. C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 49 IOt205 Yer clean plus 102005 (2).doc I 1/4/20053 :23: 18 PM \""p, ~ Il klc"\ City of Boynton Beach -A C:fhvI oS NCF&O/SElU LOCA 1227 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. C:\Documents and Settingslbressnerk.CITYlLocal SettingslTemporary Internet FileslOLK71CBA 50 101205 Ver clean plus 102005 (2).doc t l/4120053:23:18 PM \~ iC> I~ I~ (0\ City of Boynton Beach \A~ I NCF&O/SElU LO A 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, C:\Documents and Settings\bressnerk.CtTY\Local Settings\Temporary Internet Files\OLK7\CBA 51 101205 Yer clean plus 102005 (2).doc 11/4/20053:23:t8 PM ,po. .:20 I' I b to-\ City of Boynton Beach ~A ~ 1\ NCF&O/SEIU LOCA ARTICLE 25 25.0 SICK LEAVE 25.1 An employee shall notifY his/her immediate supervisor or his designee in a manner provided for by management of his/her illness no less than one half (112) hour before or one half (112) hour after his/her 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 his/her 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 (J) 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, C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 52 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM -\f-"' ~,\I~{o,"" City of Boynton Beach ~A ~V"\ Ilj{;y/ NCF&O/SEIU LOCAL '1227 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 thtee 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. C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 53 101205 Yer clean plus t02005 (2).doc 11/4/20053:23:18 PM \A- 12e, \ll~ [0 J" City of Boynton Beach --(Ay(W\1 NCF&O/SEIU LO tS 1227 ARTICLE 26 26.0 WORKERS COMPENSATION 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 his/her worker's compensation check and his/her 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 his/her regular hourly wage, to the extent that his/her combined sick leave or vacation leave, and worker's workers' compensation benefits equal his/her regular weekly net take home salary. The employee must contact the payroll clerk to qualify for the combined check. 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 his/her services elsewhere, during this period, he/she will be obligated C:\Documents and Settings\bressnerk.ClTY\Local Settings\Temporary Internet Files\OLK7\CBA 54 t01205 Yer clean plus 102005 (2).doc I t/4/20053:23:18 PM \ A- U 111,,10-\ City of Boynton Beach \A~ II) NCF&O/SElU LOCAL 1 27 to reimburse the City for all medical expenses and supplement, sick or vacation pay taken and shall be subject to dismissal. C:\Documents and Settings\bressnerk.CITYILocal Settings\Temporary Internet Files\OLK7\CBA 55 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM -TA- ~0> (( I blo \" City of Boynton Beach '--fir ~ 11 h 10; NCF&O/SElU LOCAL 1227 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 his/her doctor. C:IDocuments and Settingslbressnerk.CITYlLocal SettingslTemporary Internet FileslOLK71CBA 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM 56 \f'I- ~ I' IbLo \" City of Boynton Beach r ARTICLE 28 28.0 V ACA TION 28.1 Each full time employee shall earn vacation leave as follows: Years of Service 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 I year 2- 3 years 4 years 5 years 6 years 7 years 8 years 9 years 10-15 years 16-20 years 21 years 28.2 Vacation leave may be taken as earned, in one or more one half (J.i2) da)"one 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 I - 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 C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 57 101205 Ver clean plus t02005 (2).doc 1114/20053:23:18 PM ~- ~I,ro[()r City of Boynton Beach 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 C:\Doeuments and Settingslbressnerk.CITYILoeal SettingslTemporary Internet FileslOLK71CBA 58 to 1205 Ver etean plus 102005 (2).doe t t/4/20053:23:18 PM ~~ .$ 1,I1.tO\ City of Boynton Beach -\A~ II~' NCF&O/SEIU LOCAL 1227 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. C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 59 IOt205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ----TPr .:Je,)l1 b I ()-\ City of Boynton Beach -; k L..ftrv1 I / h !05/'- NCF&O/SElU LOCAL 1227 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. C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 60 101205 Yer clean ptus 102005 (2).doc 11/4/20053:23:18 PM \~ l/...e> \d bIO\- City of Boynton Beach 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-halt) 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 (I 112) 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. C:IDocuments and Settingslbressnerk.CITYlLocal SettingslTemporary Internet FileslOLK71CBA 61 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ,p 1-0 ,.kIO\ City of Boynton Beach \~ ~vY\ "I') /0.5>' NCF&O/SEIU LOCAL 1227 'V ~ 1-"" ~o-~ y;\~~ \('~ C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 101205 Ver clean plus 102005 (2).doc 11/4120053:23:18 PM 2~ 1,),.,lo\' 62 City of Boynton Beach /\:A~ \\h/o{ NCF&O/SEIU LOCAL 1227 ARTICLE 31 31.0 COMP ASSIONA TE LEAVE In the event ofthe death ofthe 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. C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 63 tOt205 Ver clean plus 102005 (2).doc 11/4/20053 :23: 18 PM ~ ...db "lblO\ City of Boynton Beach ~A '--/tYVi ~II 0::- NCF&O/SElU LO AL 1227 ARTICLE 32 32.0 MIUT ARY LEAVE 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 C:IDocuments and Settingslbressnerk.CtTYILocal SettingslTemporary Internet FileslOLK71CBA 64 101205 Ver clean plus t02005 (2).doc 11/4/20053:23:18 PM ~ ili It )blo \" ---\-A~ 1111/0; NCF&O/SEIU LOCAL 1227 City of Boynton Beach ~~\f..,- /Vo-~ \'-./ ~ \~ (~/ \) \~'6 C\Documents and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 65 101205 Yer clean plus 102005 (2).doc 11/4/20053:23:t8 PM -k "Iblo\ City of Boynton Beach ~A-~ \lhlo( NCF&O/SElU LOCAL 1227 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 C:\Documents and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 66 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ----r-p. ~ "lbLo'- City of Boynton Beach ---- --- \A~ \1) OS NCF&O/SEIU LOCA 1227 ~ ~'<.. 0~ ~v r\~~ C:\Documents and Settings\bressnerk.CITYlLocal Settings\Temporary Internet Files\OLK7\CBA 67 101205 Ver clean plus 102005 (2).doc t 1/4/20053:23:18 PM ~ ~ t-hlo, City of Boynton Beach "\A ~ \\hl{)~ NCF&O/SEIU LOCAL 1227 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 notiry his/her employer or have another person notiry his/her employer, shall not be deemed to have abandoned his or her job and shall not be separated from employment with the City. Under these circumstances, the director of Human Resources must be provided with details of the absence and he or she must determine if just cause exists. C:\Documents and Settingslbressnerk.C1TYILocal SettingslTemporary Internet FileslOLK71CBA 68 101205 Yer clean plus 102005 (2).doc 11/4/20053:23:18 PM \~~ \\\blo{ City of Boynton Beach "'\A Lft11V\ \\ h I u ~/ NCF&O/SElU LOCAL 1227 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 his/her 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. C:IDocuments and Settingslbressnerk.CITYlLocal SettingslTemporary Internet FileslOLK71CBA 69 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ~ ~ 1,lbloC" City of Boynton Beach \A-~ il It/U( NCF&O/SEIU LOCAL 1227 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. C:\Documents and Settings\bressnerk.CITYILocal Settings\Temporary Internet Files\OLK7\CBA 70 101205 Ver clean plus 102005 (2).doc 11/4/20053 :23: 18 PM ---rPI J2.B III b tor City of Boynton Beach \A ~ I,h/oc;/ NCF&O/SElU LOCAL 1227 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. C:\Documents and Settings\bressnerk.CITYILocal Settings\Temporary Internet Files\OLK7\CBA 71 101205 Ver clean plus 102005 (2).doc t 1/4/20053:23:18 PM --""i j:\ Jle II I b to ,- City of Boynton Beach ~A~ ~/D~ NCF&O/SElU 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 officiallv announced a iob vacancv through the posting of an Employment Opportunity notice. the official recruitment process has begun. The recruitment process mav be withdrawn for anv position bv 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. C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 72 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM -)"A- J?e:, I \ 1'01 () "\ City of Boynton Beach ,A l.,4M \lh/of: NCF&O/SElU LOCAL 1227 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 ofthe 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 C:\Documents and Seltingslbressnerk.CITYlLocal SeltingslTemporary Internet FileslOLK71CBA 73 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM \0 ~ ,\I.l.Jn\ City of Boynton Beach ,A ~ \~))tJ/ NCF&O/SElU 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. rfthe 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 C;\Documents and Settings\bressnerk.CITYILocal Settings\Temporary Internet Files\OLK7\CBA 74 101205 Ver clean plus 102005 (2).doc t 1/4/20053:23;18 PM ,A ~ 11)",Lll--C City of Boynton Beach \A ~ Ilh/oS' NCF&O/SEIU LOCAL '1227 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 fotward the necessary employee papetwork 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. C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 75 101205 Ver clean plus 102005 (2).doc 11/4/20053 :23: 18 PM -=rp. 43>" 16( 0 .. City of Boynton Beach --\"kLyhvlII hlos NCF&O/SElU LOCAL 1227 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 1st of each year, for the purchase ofspeciaIty 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. C:IDocuments and Settingslbressnerk.CITYlLocal SettingslTemporary Internet FileslOLK71CBA 76 101205 Ver clean plus 102005 (2).doc t l/4/20053 :23: 18 PM ----rA Xrr, II \bLo'- City of Boynton Beach - \A~ "h/vs"- NCF&O/SEIU LOCAL 1227 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. C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 77 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM \ {~ ~ II hto \' City of Boynton Beach ~A-S4rn. 1\ I'do; NCF&O/SEIU LOCAL 1227 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 I 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 lege s) properly (There will be no cutting or ripping of raw, unfinished edges, rolling up, stapling or scotch taping). 40.4 The City Manager, in his/her 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 his/her sole discretion may change the decision made under this Section and the Union agrees to waive any bargaining over such changes. C:\Documents and Settingslbressnerk.CITYlLocal SettingslTemporary Internet FileslOLK71CBA 78 t01205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM --rPt ~B> II h I 0\ City of Boynton Beach 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. C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 79 101205 Yer clean plus 102005 (2).doc I t /4/20053 :23: 18 PM -rrr Y.& ,diIJlDc- City of Boynton Beach \ NCF&O/SEIU LOCA 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. C:IDocuments and Settingslbressnerk.CITYlLocal SettingslTemporary Internet FileslOLK71CBA 80 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM \A ~e, ,\h,lO\ City of Boynton Beach --c~.~ \1 NCF&O/SEIU Lac r' 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 Resolltces 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 mcrease. 43.2 SCOPE C:\Documents and Setlings\bressnerk.CITYILocal Setlings\Ternporary Internet Files\OLK7\CBA 81 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:t8 PM ---rA Xe> \\llolO ~ City of Boynton Beach ,A ~ IlbJos NCF&O/SEIU LOCAL '1227 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. C:\Documents and Settings\bressnerk.CITYILocal Settings\Ternporary Internet Files\OLK7\CBA 82 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM \"PI- ~ ")"Lo ,~ City of Boynton Beach ---- /' l'\ \ \ O~ NCF&O/SEIU LOCAL 1227 43.3.1.4 Employees must maintain a mmlmum 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 C:IDocuments and Settingslbressnerk.CITYlLocal SettingslTemporary Internet FileslOLK71CBA 83 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM \~, ~C> \\)~lor City of Boynton Beach \A~')"\II NCf&O/SEIU LOC " 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. C:\Documents and Settings\bressnerk.CITYILocal Settings\Temporary tnternet Files\OLK7\CBA 84 ]0]205 Ver clean plus ]02005 (2).doc 11/4120053:23:]8 PM '\Pr 0:? I' l~l()C City of Boynton Beach ,A 4b'\\ \ I h /D5~ NCF&O/SEIU LOCAL 1227 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 C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 85 101205 Yer clean plus 102005 (2).doc 11/4/20053:23:18 PM ~ ~ \\\&\0;- City of Boynton Beach \ A <itrv1 "h /J./( NCF&O/SEIU LOC L 1227 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. C:\Documents and Settings\bressnerk.CITYILocal Settings\Temporary Internet Files\OLK7\CBA 86 tOl205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM "\"Pr-..Je, It I~ lo ;- City of Boynton Beach --\1\ ~ Ilhl p~ NCF&O/SElU LOCAL 1227 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. 43.10.2 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. C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 87 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM \~ V-b II 1& 10 ,- City of Boynton Beach ,7'\ ~ tlli/oS" NCF&O/SEIU LOCAL 1227 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). C:\Documents and Settings\bressnerk.CITYlLocal Settings\Temporary Internet Files\OLK7\CBA 88 101205 Ver clean plus 102005 (2).doc 1114/20053:23:18 PM J"A- ~ 1\ lblo ~ City of Boynton Beach \ A: ~V1 lI/, It ;~ NCF&O/SEIU LOCAL 1227 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 (I) 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: C:\Documents and Settings\bressnerk.CITY\Local SeltingslTemporary Internet FilesIOLK7\CBA 89 101205 Ver clean plus 102005 (2).doc t l/4/20053:23:18 PM -q~ ~ \\\blo~~ City of Boynton Beach \A~ I,hlo;- NCF&O/SElU LOCAL 1227 NOTICE TO CITY AND UNION AUTHORIZATION FOR DEDUCTIONIDISCONTINUA 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 ofthe 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. C:IDocuments and Settingslbressnerk.CITYlLocal SettingslTemporary Internet FileslOLK71CBA 90 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM -rPt ~ \d~lo r City of Boynton Beach ,A ~ 1,/))us/ NCF&O/SEIU LOCAL' 1227 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. C:IDocuments and Settingslbressnerk.CITYlLocal SettingslTemporary Internet FileslOLK71CBA 91 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM -r-p. .~ \,)61t S City of Boynton Beach -- /. ~ / t 4-' II ') tJ':> NCF&~LOCAL 1227 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. C:\Documents and Seltings\bressnerk.CITYILocal Seltings\Temporary Internet Files\OLK7\CBA 92 101205 Ver clean plus 102005 (2).doc 1 t/4/20053:23:18 PM -)0- ~ 1\11'\0;- City of Boynton Beach lA ~ \ I~,) ~~. 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 (I) year. 48.2 All promoted employees shall be subject to a probationary period of six (6) months. C:IDocuments and Settingslbressnerk.CITYILocal SettingslTemporary Internet FileslOLK71CBA 93 101205 Ver clean plus 102005 (2).doc I l/4/20053:23:18 PM ~ ~ lI)blo\ City of Boynton Beach \" It Cyf;/fl 1 [I, (Q;. 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 (loth) 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,OO. 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. C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 94 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM jA- City of Boynton Beach m "Iblor \A Gth1A. \ ,I) /CS NCF&O/SEIU LOCAL 1227 ARTICLE 50 50.0 SAVINGS 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. C:IDocuments and Settingslbressnerk.CITYlLocal SettingslTemporary Internet FiJeslOLK71CBA 95 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM -n+ :20 \\lblor City of Boynton Beach ---- Av ) I ~.~ NCF&O/SEIU LOCA! 227 ARTICLE 51 51.0 MODIFICA nON 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. C:\Documents and Settings\bressnerk.C1TYILocal Settings\Temporary Internet Files\OLK7\CBA 96 101205 Yer clean plus 102005 (2).doc 11/4/20053:23:18 PM ~ J..e, II. 1 blo \' City of Boynton Beach --, A ) I ) (j S/ 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 of the printing and distribution ofthis 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. C:\Documents and Settings\bressnerk.CITY\Local Settings\Temporary Internet Files\OLK7\CBA 97 101205 Ver clean plus 102005 (2).doc 11/4/20053:23:18 PM ~ :l..0 I(JblO\ City of Boynton Beach ,4 '--tfn\ II h I () (' 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. C:\Documents and Settings\bressnerk.CITYILocal Settings\Temporary Internet Files\OLK7\CBA 98 10]205 Ver clean plus ]02005 (2).doc ] 1/4/20053:23:18 PM ,P> 'l0 \lhlo \ City of Boynton Beach --,\4*'1/\/\ 11/7/05" NCF&O/SEIU LOCAL 1227 ARTICLE 54 ,r .~\.07 fii' '-f" ,,0:- E)ceep-\ a.s. -pn:N\o€O 'Yb/ - 'P> 0\ ~~Oe..le) 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 vear of the Agreement (] 0/1/05-9/30/06), 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 vear of the Agreement. If, and only if, the parties reach an agreement for wages for year two, but not year three, the Union mav request reopener of onlv the Wage article for the third year of the Agreement, provided it does so in writing no later than July I, 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 {p day of _~. , 2005 by and between the respective parties through the authorized representatives of the Union and the City. NATIONAL CONFERENCE OF FIREMEN & OILERS, SEIU, AFL-CIO,CLC 7/~;../ ty]Pnk Witness ~ ,(I), Uf) It . J.4~JJVLjVV){J/y( Witness -'- -.-..-..-..-.-..-..-..-..-.-..-..-..-..-..-.-..-..-..-"-"-'-"-"-"-"-"-"-' CITY OF BOYNTON BEACH ~~ t:f~Y~ ylor f -rM1M1' u JYL thJ~ Witness -..-..-..-..-..-..-..-..-..-.-..-.-..-..-..-..-..-.-..-"-"-"-"-"-"-"-"-"- C:\Documents and Settings\bressnerk.CITYILocal Settings\Temporary Internet Files\OLK7\CBA 99 101205 Ver clean plus 102005 (2).doc I ]/4/20053:23:18 PM ---y14 ~ ll)blO\ City of Boynton Beach \A ~ 1I/)!tJ{ NCF&O/SEIU LOCAL 1227 tn. /.-'", I I 1 f '\ ATTEST 7~} >n !}Or;- Witness -"-"-"-"-"-'-"-"-"-'-"- - -"-"-"'-"-',- OVED AS TO FORM AND CORRECTNESS ~~ CITY MANAGER Kurt Bressner ~. ATTORNEY +1" James Cherof Date ratified by Commission: fa.. - fo -D!> Date ratified by Union: C:\Documents and Settings\bressnerk.CITYILocal Settings\Temporary Internet Files\OLK7\CBA 100 101205 Ver clean plus 102005 (2).doc ] ]/4/20053:23:18 PM -rPr J/..0 1\ 1\,10 r City of Boynton Beach ~\ ,{hlo~ NCF&O/SEIU LOCAL 1227 Appendix "A" 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 REPRE':SE':NTA'rIVE'S NAMF: meeting at _________________________________________ ,on _____________________________________, at ____________________________________ for LOCATION /lATE 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 am! received by Finance within seven (7) calendar days ofthe meeting date as stated on this form. Union Representative's Signature Release Authorization - _ Approved - Denied (Completed by Supervisorl Manager) I I 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 I Signature Date Meeting End Time Return to Work (Completed by Supervisorl Manager) I I Printed Name Title Time Returned Signature Date TOTAL ELAPSED TIME (Total elapsed time is the difference trom the TIME OUT and the TIME RETURNED) Reason for denial: White/Human Resources BluelDepartment -\~ )/0 jl/~/o" Yellow/Employee PinklMeeting Manager GreenlReleasing Manager /~~ \~ c:: o .- ~ Q) > c:: o U ~ o o (J) - 'i: Q) :!E o - c:: o .- - ca ::::s - ca > w It) o o N C:l x ::0 c:: Q) a. a. <( QN.~~ON.~~ON.~=ON.~~ON.~mON.~mON.~mON.~=O NNNNNMMMMM.....~~~~~~~~~~~~~~~m=m=m~~mmmo ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II O_NM.~~~mmO-NM.~~~=mO_NM.~~~=mO_NM.~~~=mo ~~~~~~~~~~~~~~~~~~~~==========mmmmmmmmmmo MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM~ ON.~=ON.~=ON.~=ON.~=ON.~=ON.~=ON.~=ON.~= .....~~~~~~~~~~~~~~~=====mmmmmooooo_____ ~~~~~~.~~~~.~~~~~~~~~~~...~...~~~~~~~~~~ II II II II II II II II " II II II II II II II II II II II II II II II II " II II II II II II " II II II II II II II O-NM.~~~=mO_NM.~~~=mO_NM.~~~=mO_NM.~~~=m NNNNNNNNNNMMMMMMMMMM~~~~~~~~~~~~~~~~~~~~ MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM QN~~=QN~~=QN~~=QN~~=QN~~=QN~~=QN~~=ON~~= ~~~~~~~~~~=====~~~~~QQQOQ---__NNNNNMMMMM MMMMMMMMMMMMMMMMMMMM~~~~~~~~~~~~~~~~~~~~ II II II II II II II II II II II II II II II II II II II II II II II " II II II II II II " II 11 II II II II II II II O-NM~~~~=~O_NM~~~~=~O_NM~~~~=~Q_NM~~~~=~ ==========~~~~~~~~~~QQQOOOQOQQ__________ NNNNNNNNNNNNNNNNNNNNMMMMMMMMMMMMMMMMMMMM ON~~=ON~~=QN~~=ON~~=ON~~=QN~~=QNV~=ON~~= =====~~~~~QOOQQ-----NNNNNMMMMM~V~V~~~~~~ NNNNNNNNNNMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM II II II II II II 11 II II II II II II II II II II II II II II II II II II II II II " II II II II II II II II " II II O-NMV~~~=~O_NM~~~~=~Q_NM~~~~=mQ_NM~~~~=~ ~V~~~V~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN ONV~=ONV~=ON~~=QN~~=QN~~=QN.~=QN.~=QN.~= QOOOQ---__NNNNNMMMMM~..~V~~~~~~~~~~~~~~~ NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN II II II II II II II II II II II II II II II II II II II II II II " II II II II " II II II II " II II " II II II II O-NMv~~~=mO_NMV~~~=~Q_NM~~~~=~Q_NMV~~~=~ OOOOOOOOOO------____NNNNNNNNNNMMMMMMMMMM NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN \r, ~ l/' o ~ ~ -a y