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White Collar 10-1-06 to 9-30-09 EXHIBIT C ROb-l35" AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE NATIONAL CONFERENCE OF FIREMEN AND OILERS, SEIU, AFL-CIO, CLC LOCAL 1227 WHITE COLLAR BARGAINING UNIT October 1, 2006 - September 30, 2009 T ABLE OF CONTENTS ARTICLE 1 ......................................................................................................................... 5 1.0 PREAMBLE........................................ ......................... ............................................ 5 ARTICLE 2 ............ ............ ................................................................................................. 6 2.0 RECOGNITION............................................................................... ................ ,......6 ARTICLE 3 ......................................................................................................................... 7 3.0 RIGHTS OF EMPLOYEES.......................... ............... ..... ......................................7 AR TI CLE 4 ......................................................................................................................... 8 4.0 MANAGEMENT RIGHTS................................ ............................................... ......8 AR TI C LE 5 ....................................................................................................................... 1 0 5.0 STRIKES............................................................................................................... 10 ARTICLE 6 ....................................................................................................................... 11 6.0 NON-DISCRIMINATION.................................................................................... 11 ARTICLE 7.0 .................................................................................................................... 12 7.0 REPRESENTATION OF THE CITy.................... ...................... ..... ...... .......... ....12 ARTICLE 8 ......... ......... ............. ................... ..... ................... .................................. ........ ...13 8.0 UNION REPRESENTATION... ................................. ...................... ........... ..........13 AR TI CLE 9 ....................................................................................................................... 14 9.0 COLLECTIVE BARGAINING...... ...... ......... ........ ....... ................. ...................... ..14 ARTICLE 10 ....... ........ ......... .......... ..... ........ ........ ................ .................. ............... .......... ...15 10.0 UNION TIME POOL.......................................................................................... ..15 ARTICLE 11 ..................................................................................................................... 16 11.0 BULLETIN BOARDS ....... .............. .......... ........... .................. ....... .......... ............ ..16 ARTICLE 12 . ................ ....... ............... ..... ..................... ..... ..... ............... .................... .......17 12.0 PROGRESSIVE DISCIPLINE.............. .................... ............................. ..... ........ ..17 AR TI C LE 13 ..................................................................................................................... 2 7 13.0 GRIEVANCE PROCEDURES ........... ............ ....... ............... .................. ............ ..27 AR TI C LE 14 ..................................................................................................................... 30 14.0 BASIC WORK WEEK AND OVERTIME...........................................................30 ARTICLE 15 ..................................................................................................................... 32 15 .0 COMPENSATORY TIME. ........... ................. ........ ....... ...................... ........ ........... 32 ARTICLE 16 ......... ........ ................. ............ .......... ................ .................... ............... .......... 33 16.0 WAGES ...... .......... ........... ...... ...... ........ .................. ....... .... ................... .................. 3J.. ARTICLE 17 ........................................................................................................... .'.........35 17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS.......35 ARTICLE 18 ..................................................................................................................... 3 8 18.0 STANDBY AND CALL BACK PAY.. ........ ................ .............. ...... ....... .............38 ARTICLE 19 ..................................................................................................................... 3 9 19.0 EMERGENCY PAY POLICy...... ............................. ...................................... .....39 AR TI CLE 20 ..................................................................................................................... 43 20.0 CERTIFICATION PAy......... ..... ........ .................. ...... ................... ............. ........ ..43 ARTICLE 21 ..................................................................................................................... 44 21.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES .........................................44 2 AR TI CLE 22........................................................................................................................ 22.0 WORKING IN A HIGHER CLASS.................. ................... .................. ......... ......45 ARTICLE 23 ..................................................................................................................... .46 23.0 SICK LEAVE ............ .................. .... .... ......... .......... .............. ........................ ... ......46 ARTICLE 24 ..................................................................................................................... 48 24.0 WORKERS COMPENSATION ............. ..................................... ..... ....................48 ARTICLE 25 ................................................................................................................:... .49 25.0 LIGHT DUTy.............................................................................. ........................ .49 ARTICLE 26 ..................................................................................................................... 50 26.0 VACATION. ......................................................................................................... 50 ARTICLE 27 ..................................................................................................................... 52 27.0 BONUS DAyS...................................................................................................... 52 ARTICLE 28 ............................................................. .......... ..............................................53 28.0 HOLIDAyS.............................................................. ............................. .'............... 53 ARTICLE 29 ..................................................................................................................... 54 29. 0 COMPASSIONATE LEAVE....................... ......................................................... 54 ARTICLE 30 ........................................................... ..........................................................55 30.0 MILITARY LEAVE .............................................................................................. 55 ARTICLE 31 ....................................................... .............................................................. 56 31.0 LEAVE OF ABSENCE.. .......... .................. ........ ...................................................56 ARTICLE 32 ............................................ ......................................................................... 57 32.0 UNAUTHORIZED ABSENCE............................................................................. 57 ARTICLE 33 ................................. .................................................................................... 58 33.0 JlJR Y DUTY.. ............... ........................................................................................ 58 ARTICLE 34 ..... ........................................................... .....................................................59 34.0 SENIORITY & LAYOFF & RECALL .................................................................59 ARTICLE 35 ........... ............................................................. ..... ........................................61 35.0 RECRUITMENT AND SELECTION............. ............ ...................................... .......61 ARTICLE 36 ...................... .................. ............................................................................. 65 36.0 SAFETY AND HEALTH........................................... ............ ........... ...... ..............65 ARTICLE 38 ................... .................................................. ................................................ 67 38.0 PERSONNEL FILES........ ................. ......... ...........................................................67 ARTICLE 40 .................................................... ..................................................:.............. 75 40.0 GENERAL PROVISIONS.................................................................................... 75 ARTICLE 44 ..................................................................................................................... 8 r 44.0 PROBATIONARY PERIOD....................................................... ..........................81 ARTICLE 45 ..................................................................................................................... 82 45.0 LONGEVITY BENEFIT................................. .............................................. ........ 82 ARTICLE 46..................................................................................... ......................... ......83 46.0 BONUS INCREASES............................................................................ ...............83 ARTICLE 4 7 ..................................................................................................................... 84 47.0 LABOR-MANAGEMENT.................................................................................... 84 ARTICLE 48 ..................................................................................................................... 85 48. 0 SAVINGS CLAUSE................................................. ............................................85 ARTICLE 49 ..................................................................................................................... 86 3 49.0 MAINTENANCE OF CONDITIONS ..................................... .......... .................... 86 ARTICLE 50 ........................... ................................................................................ ...... .... 87 50.0 POSTING OF AGREEMENT............ ......................................... .......... ..... ...........87 ARTICLE 51 ...............................................................................,..................................... 88 51.0 COLLATERAL DOCUMENTS ........................................................................... 88 ARTICLE 52 ..................................................................................................................... 91 52.0 DURATION. ............................................................... .................................. ......... 89 4 ARTICLE 1 1.0 PREAMBLE 1.1 This agreement is entered into by and between the City of Boyntonl~each, Florida, hereinafter referred to as the "Employer" or "City", and the National Conference of Firemen and Oilers, SEIU AFL-CIO, LOCAL 1227, hereinafter referred to as the "Union". The general purpose of this Agreement is to set forth terms and conditions of employment and to promote orderly and meaningful labor relations for the mutual benefit of the City of Boynton Beach in its capacity as an employer, the employees, and the citizens of Boynton Beach. 1.2 The parties agree that nothing in this agreement shall prohibit the parties from meeting and discussing any items of mutual interest in accordance with the law. 5 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. 6 ARTICLE 3 3.0 RIGHTS OF EMPLOYEES 3.1 The employees in the bargaining unit shall have the right to join or assist the Union or to refrain from any such activity. 3.2 All provisions of this Agreement shall be applied fairly and equitably to all employees in the Bargaining Unit. 3.3 Employees may request a Union representative to be present when they believe a meeting with a supervisor may lead to discussions which could form the basis of disciplinary action. 7 ARTICLE 4 4.0 MANAGEMENT RIGHTS 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 ~hanges 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. 8 4.1.8 To determine the purpose and extent of each of its constituents, departments and positions therein. 4.1.9 To set standards for service to be offered to the public, and standards for the performance of duties of job assignments. 4.1.10 To manage and direct the work of the employees of the City, including the right to assign work and overtime. 4.1.11 To establish, determine, implement and maintain effective internal security practices. 4.1.12 To determine the number, type and grades of positions or employees assigned to an organizational unit, department or project. 4.1.13 To determine lunch, rest periods, and clean-up times, the starting and quitting time, and the number of hours to be worked. Work schedules will be posted, and will not be altered in the midst of normal pay periods. 4.1.14 To adopt or enforce cost or general improvement programs. 4.1.15 In a civil emergency, to use personnel in any lawful manner. 4.2 If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, tornado, national emergencies, or other emergency conditions, the provisions of this Agreement may be suspended by the City during the time of the declared emergency. 4.3 The City has the right to impose something that is unilateral in nature, and the Union has the right to object to that decision. If the City does impose something on a unilateral basis and the Union after notice fails to object to that decision within six (6) months, it shall be considered finally imposed. ~ 9 ARTICLE 5 5.0 STRIKES 5.1 The National Conference of Firemen and Oilers, SEIU, AFL-CIO, Local 1227, or their member agents or designees, agree during the life of this Agreement that they shall have no right to engage in any work stoppage, slow down, strike or unlawful picketing. 5.2 In the event of a strike, work stoppage or interference with the operation and accomplishment of the mission of the City Administration, a state or international representative of the Union shall promptly and publicly disavow such strike or work stoppage and order the employees to return to work and attempt to bring about prompt resumption of the normal operations. The Union representatives shall notify the City 12 hours after commencement of such strike, what legitimate measures it has taken to comply with the provisions of this Article. 10 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, in their employment because of race, creed, color, sex, age, national origin, marital status, physical handicap, sexual orientation or membership or non-membership in the Union. 6.3 The parties agree that this Article is not subject to grievance or arbitration. 11 ARTICLE 7.0 7.0 REPRESENTATION OF THE CITY 7.1 The City shall be represented by the City Manager, or a person or persons designated in writing to the Union by the City Manager. 12 ARTICLE 8 8.0 UNION REPRESENTATION 8.1 The City agrees to recognize the Union's officers and four (4) City employee stewards as agents of the Union. The Union shall furnish written notice ~o 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 (l) chief steward from among the four (4) City employee stewards. The authority of a Union steward to act on behalf of and bind the Union is implied from their designation as Steward. 8.2 Non-employee officials of the Union shall, with prior written notification to the City Manager be admitted to the property of the City for purposes of administering the Agreement. Union officials as designated above shall only be able to meet with City employees in non-work areas (i.e., break areas) and during non-work time. Nothing in this section shall preclude or interfere with the City's right to control access to City facilities for safety and lor security purposes. Access shall not be unreasonably withheld. 8.3 Union stewards will be granted paid leave to engage in collective bargaining with the representatives of the City and consultation with management, including Labor/Management meetings, subject to section 9.2. 8.4 Union stewards granted leave may utilize "union time pool" time to engage in the following representative activities: 1. When an employee who is required to appear at a hearing related to a grievance and or arbitration. 2. When an employee who is or responding to a disciplinary action or investigation. 3. When an employee is attending a pre-determination hearing. 8.5 No employee shall engage in Union business while on duty except as referenced in Section 8.3. ~ 8.6 The City Manager will grant the Union stewards combined leave, without pay, for a total of twenty (20) days per year in order that they may attend conferences, seminars and similar events or other union activities related to their representative function provided the leave does not adversely effect the on-going day to day operations in the any department. 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. 13 ARTICLE 9 9.0 COLLECTIVE BARGAINING 9.1 The membership of the bargaining unit shall be represented in collective bargaining by the President of the Union or by a person or persons designated in writing to the City Manager. The President of the Union, or the person or persons designated shall have full authority to conclude a Collective Bargaining Agreement on behalf of the Union subject to a majority vote of those members of the Bargaining Unit voting on the question of ratification. It is understood that the Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those defined herein, regardless of their position or association with the Union, shall be deemed unauthorized and 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 two (2) stewards or bargaining unit members may participate in collective bargaining while on duty, without loss of pay. Additional bargaining unit members may attend while off duty or when on approved leave. 14 ARTICLE 10 10.0 UNION TIME POOL 10.1 Members of the bargaining unit may each donate a share of their accrued vacation and/or compensatory time bank of hours to fund the Union time pool. The employee's designated donation shall be deducted each October 15t during the term of this agreement. 10.2 Union time pool time may be transferred from steward to steward. If the total hours used exceeds the total amount of hours in the time pool, stewards may be released without payor they may use accrued vacation time, but in either event, only at the discretion of the department head (or designee), whose approval 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. 10.3 The City may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the City's part 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. 10.4 Donations to the union time pool shall be solicited by the union during ratification of the agreement or any other non-work time. Donations shall be transferred from the employees appropriate leave bank within thirty (30) days of the time of donation, and each year of the agreement during the month of October. 10.5 The City shall match the number of union time pool hours each year, at 50% of the number of hours accumulated by the union. 10.6 Time pool hours shall roll over from one year to the next. 10.7 Union representation shall utilize the designated union time-out slip when using time pool hours. 10.8 Union time pool hours shall only be used for a steward's leave from assigned regular duties. 10.9 Union time pool hours shall be classified as paid leave from work. 15 ARTICLE 11 11.0 BULLETIN BOARDS 11.1 The Union shall be provided space on bulletin boards at each location so designated by the City in the areas where unit employees normally are assigned to work for the use of LOCAL 1227. These bulletin boards shall be used for posting Union notices, signed by a Union officer but restricted to the following: A. Notices of Union recreational and social affairs; B. Notices of Union elections and results of elections; C. Notices of Union appointments and other official Union business; D. Notices of Union meetings. E. Union newsletter On Track (may be unsigned) 11.2 All other information, including any notices containing any information other than purpose, date, time and place may be posted on such designated areas and the Union shall furnish the City Manager's office with a copy. All costs incidental to preparing and posting of Union materials will be borne by the Union. The Union is responsible for posting and removing approved material on its bulletin board and for maintaining such bulletin boards in an orderly condition. 11.3 The Union shall not post endorsements for candidates who are running for office. 16 ARTICLE 12 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 varyirig 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. 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. 17 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 individ,ual 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 andlor mitigating factors into account. These provisions are not to be construed as a limitation upon the rights ofthe City, but are to be used as a guide. 12.2.6 Regular employees may respond to discipline actions of counseling and written reprimands by requesting an administrative review by the Human Resources Director. Such request shall be made within ten (l0) calendar days of the imposition of the discipline. The Human Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employee's request for review. The Human Resources Director's disposition is final and not subject to further review. 12.2.7 Disciplinary actions for misconduct or serious misconduct older than a two (2) year period shall not be referred to or considered in any current disciplinary action. 12.2.8 The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to follow the completed disciplinary documents to Personnel, shall serve as grounds for disciplinary action. EXAMPLES OF MISCONDUCT The following types of infractions, offenses or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the City or the Department or employee wrongs or offenses that violate permissible behaviors or are- specifically prohibited by law. The following are examples of violations that shall result in discipline and the progressive discipline actions that may accompany the violations. MISCONDUCT 1. Conduct unbecoming of a City employee. Conduct unbecoming a City employee means: Employee behavior or actions on the part 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. 18 2. Violations or disregard of City Safety Policy & Procedures, including: a. Careless use of vehicles or equipment b. Failure to use all safety restraints when riding in or operating a City vehicle c. Failure to wear and or use prescribed uniforms or equipment 3. Abuse of Personnel Policies, including but not limited to: a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism. . b. Failure to notify Department and or Human Resources of current address and telephone number within 10 calendar days of change c. Failure to report any outside employment 4. Abuse of departmental procedures and work rules including: a. Failure to provide name and official title to any person requesting same when performing work related duties b. Habitual extension of lunch period or break period c. Habitually late for work without valid reason d. Smoking in prohibited areas e. Unauthorized solicitation, posting of material or non-productive behavior Documented failure of a supervisor to perform duties required of supervisory employees including recommending and/or taking disciplinary actions when necessary. NOTE: This chart outlines the usual progression options for repeated occurrences of misconduct. If serious misconduct or extreme misconduct has occurred reviousl , there will be faster ro essive action. OFFENSE TYPE 1 T OCCURRENCE 2ND OCCURRENCE Misconduct Counseling Written Reprimand 3RD OCCURRENCE Suspension Without Pa or Dismissal SERIOUS MISCONDUCT 1. Violation or disregard of City Safety Policy & Procedures, including: a. Continued misuse of equipment or negligence resulting in injury to serf 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 19 b. Absent without calling in to department within one hour of shift start time c. Disrupting or hindering departmental operations d. Failure to work required overtime assignments, special hours, special shifts or unavailability during stand-by status e. Outside employment which conflicts, interfered or otherwise hampers the performance of the employee in their City job 4. Inefficiency or Incompetence The inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals, and contribute to team success. Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet Standards" performance evaluation (rating of 1 or 2) shall be given follow-up evaluation within 60 days of the "Does not Meet Standards: or :Partially meets Standards" initial evaluation. More than one overall rating of "Below Standards" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to perform at a minimum level of "Meets Standards" {as outlined in the Incentive Pay System Policy}. The following chart outlines the progressive discipline options for three occurrences of serious misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive discipline. OFFENSE TYPE 1 ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE Serious Misconduct Written Reprimand or Suspension Without Dismissal Suspension Without Pav Pavor Dismissal EXTREME MISCONDUCT 1. Violations or disregard of City Safety Policy & Procedures, including: a. Failure to report an on-the-job injury or accident within 24-hours to the immediate supervisor b. Failure to report an employees' on-the-job injury to Risk Management within 24 hours and/or completion of necessary documentation c. Fighting on the job or engaging in any intentional act which may inflict bodily harm on anyone d. Operating a City vehicle or equipment without a required and valid driver's license e. Failure to report the revocation or suspension of a driver's license when employment involves driving 20 2. Abuse of Personnel Policies, including, but not limited to: a. Possession of a firearm or concealed weapon on City property or while performing official duties without written permission from the Department Director (excluding law enforcement officers) b. Gambling during work hours c. Refusal to sign a disciplinary form d. Suspension or revocation of any required job related license or certifications. 3. Abuse of departmental procedures and work rules, including: a. Unauthorized personal use of City equipment or funds b. Conducting personal 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 Payor Dismissal 21 Note: The progressive discipline steps outlined above refer to the discipline options the City may take. If such discipline is appealed to arbitration, the arbitrator is not bound in any manner by such options and is free to independently determine the appropriate level of discipline if the employee is found to have committed the offense 2.4 PROCEDURE FOR DISCIPLINARY ACTION 12.4.1 When an immediate supervisor becomes aware of conclusive evidence of the need for the employee discipline, helshe 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 othe~ 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 Director. This practice may 22 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' ate 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 helshe has read and discussed the contents with the supervisor. The Counseling Memorandum shall be forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments for inclusion in the record. B. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a written notice of reprimand to improve performance, work habits or behavior. A written reprimand should include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits or performance which require improvements; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. Employees may submit comments for inclusion in the record. The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee 23 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 sue,h instances, demotions may occur in some cases because of the inability to fulfill the duties of the higher level job in a satisfactory manner; or a failure to comply with employment conditions such as licensure or certification. In addition, probationary employees shall be subject to demotion without the City being required to state a reason. The probationary employees shall not have access to any appeal process with regard to the demotion. Immediate supervisors should discuss the potential demotion of an employee with their chain of command and the Human Resources Department prior to a written recommendation for demotion. The Department Director shall then submit the written recommendation to the City Manager through Human Resources. 24 Demotions require concurrence from Human Resources, review by the City Attorney's Office and authorization from the City Manager prior to being effected. Written notification of demotions shall be provided. to the employee by the department Director. Such notices shall include the final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result in further disciplinary actions up to and including termination if the demotion was a result of misconduct. All documentation of a demotion shall be retained in the employee's file in the Human Resources Department. A copy of the written notification of demotion shall be forwarded to the Finance department for payroll purposes. Employees may request a demotion to a lower level classification voluntarily. Such demotion shall not be punitive. Employees may submit comments for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification and forwarded to Human Resources for inclusion in the employee's record. E. DISMISSAL - Dismissal is a result of an employee's involuntary termination that severs the employment relationship. At such time all employee benefits cease, except as otherwise provided by law. Immediate supervisors shall supply through documentation and discuss recommendations for an employee's dismissal with their chain of command and Human Resources. Upon receiving a written recommendation from the supervisor, the Department Director shall submit the documentation to Human Resources. Dismissals shall be effected only with the concurrence of Human Resources, review by the City Attorney's Office and authorization by the City Manager. A written notice of recommended termination shall be given to the' employee in person. However, after two unsuccessful attempts to deliver the notification, then the notice shall; be sent via US mail to the most recent address on record in tlie personnel file. The recommendation shall include the following information: 1. The underlying reasons for the recommended termination 2. Documentation upon which the Department Director relied in formulating said recommendation 3. An explanation of hislher rights to request a predetermination hearing prior to termination taking effect and the facts that the decision tordiscipline of the City Manager shall be final subject to grievance and arbitration as provided for in Article 10 of this Agreement. 25 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 hislher Department Director. Employees may submit comments for inclusion in their personnel file. Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Human Resources. 12.6 RIGHT TO PRE-DETERMINATION HEARING Prior to the effective date of any suspension without pay of three (3) days or more, or a termination, the City shall conduct a predetermination hearing. The Human Resources Director and the City Manager's designee shall conduct the predetermination hearing. The employee shall be provided with rea~onable notice of the predetermination hearing date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination hearing by a representative of his choice. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination hearing, and any further investigation into issues raised by the employee in defense or mitigation of the charges, the Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and at the same time establish the suspension or termination date( s) if appropriate. 12.7 EMPLOYEE APPEALS - GRIEVANCES 12.7.1 Probationary employees shall not have the right to appeal or grieve any type of disciplinary action. 12.7.2 Regular employees shall have just cause appeal and grievance rights as outlined in Article 12 of this Agreement. 12.8 PERFORMANCE IMPROVEMENT PLAN Employees who receive a Written Reprimand with a Suspension shall be placed on a Performance 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. 26 ARTICLE 13 13.0 GRIEVANCE PROCEDURES 13.1 A grievance is defined as a dispute or disagreement involving the appliGati.on or interpretation of this Agreement. Issues or disputes which are not grievances as so defined shall not be subject to arbitration, but may be processed through the grievance procedure only after all attempts to resolve the dispute through labor management meetings has failed. 13.2 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. 13.3 All grievances shall be in writing on a form prepared by the City and the Union. All responses to a grievance must be in writing and dated by the responding party. Grievances not appealed to the next higher step within the prescribed time limits 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. 13.4 GRIEVANCE PROCEDURE STEPS 13.4.1 Within ten (10) business days of the incident or the time which the employee had knowledge of the incident, the employee or Union may initiate a written grievance with the employee's Department Director. The grievance may be hand delivered or sent by facsimile. Within five (5) days of receiving the grievance, the Department Director will contact the aggrieved employee and/or union representative and schedule a meeting within five (5) days of contacting the aggrieved employee and/or union representative to discuss the matter. The Department Director shall respond to the grievance on or before 5:00 PM on the eleventh (11th) business day following the date of receipt of the grievance. 27 The written grievance should state the following: a. Statement of the grievance and the facts upon which it is based. b. The Article(s) and Section(s) of this Agreement alleged to have been violated. c. The action, remedy, or adjustment requested. d. The signature of at least one aggrieved employee and/or a UnIon representative and the date filed. e. A statement indicating the grievance is a class action grievance, when appropriate. f. A statement identifying the positions of the class of workers affected, when brought as a class action grievance. 13.4.2 In the event the employee is not satisfied with the disposition of the grievance by the Department Director, the employee, or union representative if applicable, shall have the right to file a written appeal of the decision, stating the basis for the appeal, to the Human Resources Director within five (5) business days of the date of receipt of the Department Director's decision. Failure to fully state all basis for the appeal shall not preclude the employee or union representative such basis for appeal at a later time in the grievance process. Within five (5) business days of receipt of the gnevance, the Human Resources Director will contact the aggrieved employee, and union representative if applicable, and schedule a meeting within five (5) business days to discuss the matter. The Human Resources Director or designee shall respond in writing to the employee within five (5) business days of the meeting. 13.4.3 When a grievance/disciplinary appeal if not settled under the forgoing steps of the grievance procedure, the employee or, if applicabl~, the Union, within twenty (20) days of such decision or termination, may refer the dispute to an impartial arbitrator from the pre-selected panel of arbitrators appointed by mutual agreement of the parties. The arbitrators shall be appointed with the understanding that the hearing on the matter appealed will be heard within ninety (90) calendar days following appointment. If the arbitrator is not available within a 120 day period, the next arbitrator on the list shall be used. Neither party shall utilize court reporters and/or written briefs. The arbitrator shall make a final and binding ruling within 14 days of the hearing. 28 The City and the Union have selected a panel of six (6) arbitrators from the Federal Mediation and Conciliation Service (FMCS). The City selected three (3) arbitrators and the Union selected three (3) arbitrators. These arbitrators shall hear grievances on a rotating basis, beginning in alphabetical order of the arbitrator's sir name, as follows: 1. Rodney Dennis 4. Mark Grossman 2. Ben Fa1cigno 5. Robert Hoffman 3. Ramon Fernandez 6. Tom Humphries 13.5 The arbitrator shall have only jurisdiction and the authority to apply and interpret the provisions of this Agreement. Helshe 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 an 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 City raises the question of arbitrability and loses that determination, the City shall pay the cost of the arbitrator. If the City raises the question of arbitrability and the arbitrator determines that the matter is not arbitrable, the Union shall pay for the arbitrator. 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. 13.6 The hearing shall not be formal and the strict rules of evidence shall not apply. 13.7 The parties shall divide the arbitrator's fee and expenses equally. In the event of a settlement, the arbitrator's fee and expenses shall be born equally by the parties.. unless they agree otherwise. 13.8 The term "day" shall mean, calendar day, Monday through Friday, exclusive of holidays recognized by this Agreement. 29 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-halftimes the employee's straight time rate. 14.3 Only hours actually worked will be counted for the purpose of calculating overtime. 14.4 Overtime shall first be offered on a rotating basis in order of seniority within each classification. The parties agree that when employees are asked to work overtime and management contacts the appropriate employees from the seniority list, the second employee contacted must accept the overtime assignment unless the employee has a hardship or the employee and supervisor mutually agree to continue down the seniority list of employees. 14.4.1 In the event an employee is required to work overtime, helshe shall not have his regular shift hours changed nor shall helshe be placed in a non- paid status in order to preclude the payment of overtime. 14.4.2 Supervisors shall provide no less than two (2) hours advance notice to employees prior to the assignment of unscheduled, mandatory overtime unless circumstances prohibit such advance notice, in which case, the employer shall give as much notice as is reasonably possible. ' 14.5 Shift Bidding and Posting. Employees who work in departments within the CitY in classifications that are covered by more than one shift shall be allowed to bid shifts, which shall be granted by seniority once each year to be completed by January 31 st. Should management have a compelling operational need, they may designate the number of A-Class workers (those with five or more years of experience) and'the number of B-Class workers (those with less than five years of experience) required to work on each shift so that a balance of experience may be achieved for each shift. Employees shall have an opportunity to give input on the development of their shifts. 30 14.6 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. 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 helshe has been on the job for more than seven minutes, Le. at the start of the eighth (8th) minute they would then receive fifteen (15) minutes at time and a half. 14.7 The procedure in 14.6 will also be followed if an employee reports to work tardy or late. The employee shall be marked as tardy or late using the same 718 Minute rule, for purposes of calculating payroll. An employee will be deemed "tardy" if they appear for work up to six (6) minutes after the designated starting time and "late" if they appear for work seven (7) minutes or more after the designated starting time. Any employee who is tardy or late 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 which clock will be utilized for timekeeping purposes. 31 ARTICLE 15 15.0 COMPENSATORY TIME 15.1 Employees may accrue and use compensatory time in lieu of overtime pay when the employee works in excess of forty hours in a workweek. 15.2 Compensatory time will be accrued and used at the same rate the overtime rate would be paid. Employees may accumulate up to eighty (80) hours of compensatory time. At no time may an employee accumulate more than eighty (80) hours of compensatory time. Compensatory time may be taken as earned subject to the approval of the Department Head who shall schedule the time off to meet the operating requirements of the Department. 15.3 It is solely the employee's choice as to whether helshe 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. 32 ARTICLE 16 16.0 WAGES 16.1 Effective October 1, 2006, bargaining unit employees shall receive a five (5) % market adjustment added to base wage. 16.2 Effective April 1, 2007, non-probationary bargaining unit employees shall receive the following Performance Evaluation wage increases added to base wage: a. Bargaining unit employees who are non-probationary and obtain a performance evaluation score of two point zero (2.0) or higher will receive a base wage increase as a percent equal to their score, not to exceed four (4) %. b. Bargaining unit employees who obtain a performance evaluation score below two point zero (2.0) will not receive a wage increase. c. No merit increase will be awarded during the probationary period. 16.3 Effective October 1, 2007, bargaining unit employees shall receive a five (5) % market adjustment added to base wage. 16.4 Effective April 1, 2008, non-probationary bargaining unit employees shall receive the following Performance Evaluation wage increases added to base wage: a. Bargaining unit employees who are non-probationary and obtain a performance evaluation score of two point zero (2.0) or higher will receive a base wage increase as a percent equal to their score, not to exceed four (4)%. b. Bargaining unit employees who obtain a performance evaluation score below two point zero (2.0) will not receive a wage increase. c. No merit increase will be awarded during the probationary period. 16.5 Effective October 1, 2008, bargaining unit employees shall receive a two (2) % market adjustment added to base wage. 33 16.6 Effective April 1, 2009, non-probationary bargaining unit employees shall receive the following Performance Evaluation wage increases added to base wage: a. Bargaining unit employees who are non-probationary and obtain a performance evaluation score of two point zero (2.0) or higher will receive a base wage increase as a percent equal to the score, not to exceed four (4) %. b. Bargaining unit employees who obtain a performance evaluation score below two point zero (2.0) will not receive a wage increase. c. No merit increase will be awarded during the probationary period. 16.7 No employee will receive a base wage increase to a rate higher than the maximum salary for the position. An employee who is at the maximum of the salary range shall receive the market adjustment increase and the Performance Evaluation wage increase, if applicable, as a lump-sum payment. 16.8 The April 1 Performance Evaluations and re-evaluations at each thirty (30) day period as outlined below shall be completed in a unbiased and fair manner. Justification for all performance evaluation scores "exceeding standards" or "needs improvement" must have been previously provided to the employees being evaluated. Through Labor/Management meetings, the Union and City shall continue to work on the evaluation process in order to ensure pay equity for employees. 16.9 Employees who receive a performance evaluation rating that falls below the "Meets Expectations" level (rating of less than two point zero (2.0)) shall be placed on a Performance Improvement Plan. It is the responsibility of each employee to perform at the "Meets Standards" level as a minimum level of performance. 34 ARTICLE 17 17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS 17.1 PROMOTIONS 17.1.1 Employees interested in applying for a promotional opportunity musihave 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 to exempt position: + 10% of mid-point of new grade or to minimum of new grade whichever is higher Promotion of one grade (exempt to exempt or non-exempt to non-exempt): +5% of mid-point of new grade or to minimum of new grade, whichever is higher Promotion of two grades (exempt to exempt or non-exempt to non- exempt): 7.5% of mid-point of new grade or to minimum of new grade, whichever is higher Promotion of three or more grades (exempt to exempt or non-exempt to non-exempt): + 10% of mid-point of new grade or to minimum of new grade, whichever is higher 17.1.2 In no event will the employee's base rate of pay exceed the maximum for the position to which the promotion is made. 17.1.3 Each promoted employee must successfully complete a probationary period of six months from the date of promotion. Note: Applicants for promotion must have been in their current position for a minimum of six months and have a Meets Standards or higher performance rating. 35 17.2 DEMOTION 17.2.1 Upon demotion, an employee's rate of pay will be adjusted as follows: Decrease of one grade: 5% of mid-point of current grade (position leaving) Decrease of two grades: 7.5% of mid-point of current grade (position leaving) Decrease of three or more grades: 10% of mid-point of current grade (position leaving) 17.2.2 In no event will the employee's base rate of pay exceed the maximum for the position to which the demotion is made. 17.2.3 The pay of a promoted employee who is demoted prior to completion of a probationary period, will be reduced by the same amount as the promotional increase. 17.2.4 Exceptions to this policy may occur if there is a department restructuring that results in an involuntary demotion for one or more employees. The City Manager must approve any restructuring and resulting demotions. This shall not be construed to reduce an employee's rate of pay beyond the percentages set forth in section 17.2.1. 17.3 LATERAL TRANSFER 17.3.1 Employees transferring from one position to another in the same pay grade, whether in the same or in a different department, will maintain the same pay rate. 17.3.2 Each transferred employee, whether in the same or a lower grade, must successfully complete a probationary period of six months from the date of transfer. Probationary employees, whether in their first year as an employee or in their six-month promotional probationary period have no property entitlement to their position. 17.4 RECLASSIFICATION 17.4.1 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. 17.4.2 Reclassification requests will be considered each year during the budget process. Reclassifications requested during the fiscal year will be considered only if the department is restructuring or realigning major 36 responsibilities. Mid-year reclassifications must have the approval of the HR Director, Finance Director and City Manager. 17.4.3 Implementation of any reclassification, whenever approved, will not become effective until the necessary funds are available in the department budget. Any salary change required by a reclassification will become effective as of the date the reclassification is approved. 17.4.4 Human Resources will provide a copy of the department head's request for reclassification upon the approval of the reclass. 17.5 PROMOTION FROM PART-TIME TO FULL-TIME 17.5.1 Each promoted employee must successfully complete a probationary period of twelve months from the date of promotion. t> 17.5.2 Upon successful completion of the probationary period, the probationary employee will be considered a regular employee. 37 ARTICLE 18 18.0 STANDBY AND CALL BACK PAY 18.1 STANDBY PAY - In order to provide coverage for services during off-duty hours, it may be necessary to assign and schedule certain bargaining unit employees to standby beeper duty. A standby beeper duty assignment is made by a department director or hislher designee who requires an employee on his/her off-duty time, which may include nights, weekends or holidays, to be available to perform his normal daily job function during off hours, due to an urgent situation. Employees placed on Stand-by who are assigned a take home vehicle according to the department's rotation list shall be assigned a take-home vehicle appropriate for the completion of the task required of the employee should helshe be called back to work. The employee shall receive one hours pay at the overtime rate for each day or portion thereof that they are assigned standby beeper duty. 18.2 No employee may be assigned to or paid for STANDBY on any day when the employee is in or scheduled to be in any leave status for that entire shift. 18.3 No more than 14 days of STANDBY can be paid in any pay period. 18.4 CALL BACK PAY - An employee called back to work after having been relieved and having left the assigned work station, or called in before hislher regularly scheduled work time, shall be paid a minimum of two (2) hours pay at the rate of one and one-half (1 'i'2) times his/her basic hourly rate of pay when such callback is between the hours of 800 a.m. and 12:00 a.m. (midnight), and shall receive a minimum of three hours at the rate of one and one-half (1 'i'2) times his/her basic hourly pay when such callback is between the hours of 12:01 a.m. and 7:59 a.m. Employees shall be paid for the actual hours worked for all hours worked in excess of the appropriate callback minimum. No concurrent paymenf of call-back and regular pay is permitted. 38 ARTICLE 19 19.0 EMERGENCY PAY POLICY 19.1 Purpose. To establish levels of compensation for regular, part-time and seasonal employees who are released from work or who are retained at work or called back to work to perform City work during the threat or occurrence of a hurricane, severe storm, civil disaster, or other emergency conditions affecting the City Of Boynton Beach. 19.2 Local State of Emergency. A local civil emergency shall be deemed to have commenced when the City Manager (or an acting City Manager when the City Manager is not available to act) files with the City Clerk a declaration that the City is in a state of local civil emergency. Immediately following such declaration, the City Manager (or Acting City Manager) will inform each City department and office in as timely a manner as possible by written or electronic communication that a state of civil emergency is in effect. The state of local civil emergency shall continue in effect until rescinded in writing by the City Manager (or Acting City Manager), filed with the City Clerk. 19.3 Authority and duration of Emergency Pay Policy coverage. The provisions of this Emergency Pay Policy shall become effective immediately following the declaration of a state of local civil emergency by the City Manager, and are considered from that point to take precedence over all other Personnel Rules and Regulations, policies, ordinances and collective bargaining agreements of the City of Boynton Beach in the matters of pay, compensation and leave . discussed herein. The provisions of this Emergency Pay Policy shall apply for the entire time period during which the declared state of local civil emergency exist. 19.4 Designation of employees for purposes of establishing pay and compensation. In a manner to be determined by the City Manager or his/her acting designee, all City employees (regardless of full-time, part-time, seasonal, exempt or non-exempt status) will be classified into one of the following three categories: A = Essential/Mandatory Personnel The assistance of these employees is considered essential to the City's ability to function and provide public services in the event of a civil emergency. Depending on circumstances and needs, the assistance of these employees may be required in the event of a civil emergency. B = Essential Personnel 39 C = Non-Essential Personnel The assistance of these employees is normally not required during a civil emergency event. Employees who are classified as category "A" (Essential/Mandatory Personnel) are expected to report for work at the beginning of their assigned shift, work their entire shift, and be prepared to work any overtime hours as may be required imder emergency conditions. Category "A" employees may also be required to report for work on unscheduled days or hours, and should be prepared to perform tasks outside their normal scope of duties. Category "A" employees may be required to remain at a designated facility during some portion of the emergency event. Employees who are classified as category "B" (Essential Personnel) should be prepared to report for work, and should be prepared to work any overtime hours if required to do so. Category "B" employees may also be required to report for work on unscheduled days or hours, and should be prepared to perform tasks outside their normal scope of duties. Category "B" employees may be required to remain at a designated facility during some portion of the emergency event. Employees who are classified as category "C" (Non-Essential Personnel) may be released from their normal work duties and schedules as circumstances dictate, subject to the following conditions: (a) the employee is to remain in periodic contact with their supervisor or other designated representatives in accordance with departmental procedures; (b) be available to respond to call back assignments as directed; and (c) be prepared to work any overtime hours that may b~ required in advance of or following an emergency event. The City of Boynton Beach retains the right to change at any time an employee's designation (as either "A", "B" or "e"), based upon the type of civil emergency that exists, and upon the level or stage of response that is deemed appropriate by City management to address the civil emergency. 19.5 Duty to Work An employee who is directed to report for work during a declared civil emergency, and fails to do so, is subject to being disciplined, up to and including termination. In addition to any disciplinary action, the employee shall forfeit any compensation payable under these policies, except compensation for hours actually worked. 40 19.6 Employee compensation. Any employee classified as either "A" (Essential/Mandatory) or "B" (Essential), who is not exempt from the overtime provisions of the Fair Labor Standards Act, will be compensated as follows during a period of local emergency: (a) The employee will be paid their regular compensation of all hours they are scheduled for work, but released from work. Example: If an employee's is scheduled to work from 8:00 A.M. to 5:00 P.M., but is released from work at 3:00 P.M., the employee will be paid as though the employee worked until 5:00 P.M., however, only those hours actually worked will be counted for overtime purposes. (b) The employee will be compensated at a premium rate of double their regular base rate of pay for all hours actually worked, including hours which would otherwise qualify for overtime pay (time and one-half). Example: If an employee who earns $10.00 an hour is scheduled and required to work at 8:00 A.M. but a local emergency was declared at 7:00 A.M., the employee shall be paid $20.00 an hour for all hours actually worked until the local emergency ends. 19.7 Standby and Call back pay No employee in entitled to nor shall receive standby payor call back pay during a period of local emergency. 19.8 Record Keeping. All employees are responsible for keeping accurate time logslrecords for hours worked during a declared state of emergency. The submission of a request for compensation for time worked when the employee did not actually work during a period of local emergency is grounds for termination of employment. 19.9 Handling ofleave requests during a declared emergency. Leave requests approved prior to a declared local civil emergency will be honored if, in the opinion of the employee's department director, the employee's absence will not adversely affect the City's ability to effectively respond to the emergency. However, all employees are subject to having previously approved leave~ cancelled, and new requests for leave denied, based upon an overriding organizational need to have the employee report for duty to fulfill their job assignments during an emergency. Any off-duty employee who anticipates being unavailable to respond to a call back assignment associated with an emergency has a responsibility to discuss their plans with their department director and request to be relieved from call back responsibilities for the anticipated duration of the emergency. The department director will evaluate the employee's reasons for the request to be relieved of possible call back responsibilities and notify the employee of hislher decision as soon as possible. All employees who request sick leave immediately prior to, during, or in recovery from a declared emergency may 41 be required by the department director to submit appropriate medical documentation to verify their sick leave request. Special Note: An employee who is on a previously approved leave that was not revoked prior to the specified local civil emergency time period is not eligible for administrative leave with payor any other form of special compensation that may be made available under the provisions of this policy. 19.10 Holiday Pay. If the declared emergency time period should encompass a holiday, an employee is eligible to receive any applicable holiday pay they are due in addition to any special compensation that is to be paid to under the conditions outlined in Section 5 above. 19.11 Suspension of other compensation rules During periods of declared local emergencies, the provisions of this ordinance supersede all other provisions for scheduling and compensation set forth in any other local rule, regulation, ordinance or collective bargaining agreement. 42 ARTICLE 20 20.0 CERTIFICATION PAY 20.1 The City shall pay $500.00 for each certification or license as determined and agreed upon by the employee and the department head. The City shall also pay the actual certification or license fee. This provision shall not operate to reduce certification incentive pay policies currently being implemented by departments. Bargaining unit members who participate in departmental certification pay programs are not entitled to participate in the program set forth herein. 20.2 A pre-determined list of job related certifications or licenses will be developed through the laborlmanagement committee and attached to this article as an exhibit and shall be developed no later than sixty (60) days from ratification of this agreement. 43 ARTICLE 21 21.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES 21.1 Employees who are assigned to train another employee who is new to a position shall be assigned in writing and shall receive a 5% increase in pay during the time they are training another employee. 44 ARTICLE 22 22.0 WORKING IN A HIGHER CLASS 22.1 Employees shall be required to perform work in a higher classification only upon written memorandum by their supervisor. Employees who work in ad higher classification shall receive a 5% increase in pay, or the minimum of the higher classification, whichever is greater until returned to their regular classification. 22.2 Employees shall be required only upon written memo from their supervisor to perform work in a higher classification for training purposes. In this connection, they shall perform that work without a 5% increase in payor the minimum of the higher classification, whichever is greater until returned to their regular classification. 45 ARTICLE 23 23.0 SICK LEAVE 23.1 An employee shall notify hislher immediate supervisor or the supervisor's designee, in a manner provided for by management, of hislher illness no less than one (1) hour before hislher normal workday begins. This procedure shall be followed for each day the employee is unable to work unless prior approval is granted by department management, wherein the employee notifies hislher supervisor of the will be absent. 23.2 Sick leave will be granted upon approval of the department director for the following reasons: a. Employee's health, or up to five (5) days per year for illness of immediate family member the employee's parent, spouse, or child. b. Medical, dental, or optical treatment that is determined in writing by a physician to be necessary and must be performed during working hours. c. Quarantine due to exposure to contagious disease. d. In connection with Worker's Compensation. 23.3 Employees shall accrue sick leave at a rate of 96 hours per 12-month period or eight (8) per month. No employee shall be entitled to use sick leave in excess of the amount of such leave accumulated. Employees may accumulate a maximum of 1040 sick leave hours. All unused hours shall be paid out at 50% upon termination of employment with the City. Any accrued but unused sick leave hours beyond 1040 shall be transferred into the employee's Personal leave bank at one for one. Personal Leave hours may be utilize as necessary. Any unused Personal Leave hours may be cashed in upon termination with City on a two (2) to one (l) 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. 23.4 An employee making a departmental transfer will retain any unused sjck leave. 23.5 Employees who have attained non-probationary status and are regular employee.s 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, or retirement or death. (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plan). 23.6 Employees may request, and be covered by the provisions of the Family Medical Leave Act. 23.7 Sick leave exceeding 3 consecutive work days reqUIres medical certification within three (3) days ofretuming to work. 46 23.8 Sick Leave Donations 23.8.1 It shall be the policy of the City to permit ,an employee who has a minimum of 120 hours sick leave the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent 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. 23.8.2 Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness or injury. 23.8.3 When there appears to be a need to share sick leave, bargaining unit members who are willing to contribute sick leave hours must submit an Employee Activity Report to the Human Resources Department for proper charge to their sick leave records. 23.9 Restricted Sick Leave 23.9.1 No member may be placed on restricted sick leave unless a pattern of sick leave abuse is present and the employee has had a counseling session with his/her Director or Department Head. During that counseling session, the employee will be informed of the reasons being considered for restricted sick leave. At that time, the employee will be given an opportunity to explain the sick leave taken. 23.9.2 When an employee is placed on restricted sick leave, the employee will be notified in writing of that fact. An employee placed on restricted sick leave shall be re-evaluated in three months. If no violation is noted the employee shall be removed from restricted sick leave statuS. If not re- evaluated within five (5) business days after the three (3) month period, the employee will be automatically removed from restricted sick leave. 23.9.3 During the initial ninety (90) day restricted sick leave period, if there is a violation of the restricted sick leave policy, progressive discipline shall be applied and the employee will be placed on another ninety (90) day period of restricted sick leave beginning on the date of the policy violation. For each successive restricted sick leave violation the employee shall be placed on restricted sick leave for an additional ninety (90) day period and shall be subject to further progressive discipline up to and including termination. 47 ARTICLE 24 24.0 WORKERS COMPENSATION 24.1 Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Worker's Compensation Act, helshe shall be entitled to full regular pay. 24.2 If the period of disability is greater than 7 calendar days, the employee shall receive a sum of money up to an amount equal to the difference between his/her worker's compensation check and his/her normal net pay up to three (3) months. 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 at the same rate as defined above for up to an additional three (3) months. In no case will the salary supplement be extended beyond six (6) calendar months from the date on which the salary supplement began. 24.3 Once the salary supplement as identified in section 24.2 is exhausted, the injured employee may elect to receive accrued sick leave, and after the sick leave is exhausted, vacation leave, in accordance with his/her regular hourly wage to the extent that his/her combined sick leave or vacation leave, and 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. 24.4 It is incumbent on the employee to make application for disability in accordance with their pension plan and the insurance plan they are covered under. Failure to do this automatically cancels the additional City benefits. 24.5 If the appropriate disability plan denies the claim, the additional City supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration outlined above, whichever comes first. 24.6 If an employee who is receiving Worker's Compensation payment along with City supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere, during this period, helshe will be obligated to reimburse the City for all medical expenses and supplement, sick or vacation pay taken and shall be subject to dismissal. 48 ARTICLE 25 25.0 LIGHT DUTY 25.1 Employees who have injuries which prohibit them from performing theirreguIar 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 helshe has a full release to return to work from hislher doctor. 49 ARTICLE 26 26.0 VACATION 26.1 Each full time employee shall earn vacation leave as follows: Years of Service Vacation Days Vacation Hours 1 Years 10 80 2-3 Years 15 120 4 Years 16 128 5 Years 17 136 6 Years 18 144 7 Years 19 152 8 Years 20 160 9 Years 21 168 10-15 Years 22 176 16-20 Years 24 192 21 Years & After 25 200 26.2 Vacation leave may be taken as earned subject to the approval of the Department Head who shall schedule vacations to meet the operating requirements of the Department. 26.3 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during October 1 - September 30 may exceed this stated policy, however, any amount over the allowable maximum that has not been used during that (October 1 - September 30) period will be forfeited as of September 30. However, employees who have been denied vacation shall have the excess vacation hours paid to them, at their regular straight time rate of pay in the last pay check ofthe fiscal year. 26.4 Vacation requests of three (3) shifts or less must be requested and approved or denied within two (2) days of the work shift, the day the request is made. Vacation requests of four (4) shifts or more must be requested and approved or denied within one (1) week of the day the request is made. Vacation requests of two or more weeks require at least twenty one (21) calendar days' notification. Management will approve or deny the vacation requests for two (2) weeks or more within seven (7) days of the request. 50 26.5 Emergency Cash-In of Vacation and/or Sick Leave Time 26.5.1 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. 26.5.2 Employees who do not have enough vacation time to use for the total amount of emergency cash may consider including sick leave hours. Sick leave hours cash-in will be calculated at fifty (50) % of the employee's hourly rate. The total of vacation and sick may not exceed ninety (90) hours and vacation hours must always be used before sick hours. Payment for sick leave hours may only be granted if the employee has the amount of sick leave credited to his/her sick leave account. The employee must retain a minimum of eighty (80) sick hours on the books. 26.5.3 A request must be made in writing outlining the emergency and submitted to the Human Resources Director on the appropriate form. A committee comprised of the City Manager, Finance Director and Human Resources Director will then review the request and approve the requested hours in total or modified as they see fit. This benefit can be used only once each year. At the discretion of the City Manager, the time limit rule may be waived if there are exigent circumstances. 26.5.4 Denial of sick leave pay 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 26.6 Employees shall be allowed to take up to twenty-four (24) hours of emergency vacation leave on an annual basis. Employees shall make such a request in accordance with the applicable, published call-in procedure outlined in' Article 25.1 of this Agreement. 26.7 An employee who takes leave without a timely request or without approval shall be subject to additional disciplinary action. 51 ARTICLE 27 27.0 BONUS DAYS 27.1 INTENT The intent of this Article is to establish a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. 27.2 ACCRUAL 27.2.1 All full time City employees covered by this policy are eligible to receive a bonus day for continuous attendance at work at the completion of each calendar quarter that the employee has not used sick time during the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in this document. 27.2.2 Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. 52 ARTICLE 28 28.0 HOLIDAYS 28.1 The following holidays shall be observed for employees in the bargaining unit: New Year's Day President's Day Independence Day Veteran's Day Day after Thanksgiving Christmas Day In addition, the employee may take his or her birthday with notice to their supervisor. Birthdays that fall on a weekend may be taken on Friday or Monday without prior notice. If taken, the birthday will be charged as a vacation day. Holidays are not cumulative or interchangeable. Martin Luther King, Jr. Day Memorial Day Labor Day Thanksgiving Day Christmas Eve 28.2 For each observed holiday, a full-time employee shall be entitled to eight (8) hours of pay at the employee's regular rate of pay, except where employees are normally scheduled to work a ten (10) hour day. In that case, they shall receive ten (10) hours of pay. In all events, where the employee is scheduled off for the holiday, the employee is scheduled on during a holiday, the employee shall be paid their regular rate of pay for working the holiday (time and one-half) and shall be paid straight time for the holiday. Hourly rate employees must work their regular work days immediately before and after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday. 28.3 A full-time employee required to work and who actually works on an observed holiday, or on the actual calendar day of the holiday but not both, shall receive time and one-half (1 ~) their regular rate of pay for all hours worked in addition to that payment provided in 28.2. 28.4 Employees on vacation, annual military leave, jury duty, sick leave, funeral leave, and other absences from duty, but on active pay status on the day the holiday is observed must use the holiday on the same day that it is earned. Holidays that occur during vacation leave shall not be charged against such vacation leave. 28.5 Holidays falling on a Saturday shall be observed the preceding Friday. Holidays falling on Sunday shall be observed the following Monday. 53 ARTICLE 29 29.0 COMPASSIONATE LEAVE 29.1 In the event of the death of the mother, father, child, foster parent, foster child, brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild, mother-in-law, or father-in-law of a regular employee, the employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive workdays for anyone death. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, five (5) consecutive workdays shall be allowed. Employees must submit proof of death in order to be eligible for this article. The City Manager may grant additional leave under this section when helshe deems it appropriate. 54 ARTICLE 30 30.0 MILITARY LEAVE 30.1 Reserve Training: All employees in the City service who are members of military reserve units and who must attend annual training sessions are entitled, pursuant to Florida Statute 115.07, to seventeen (17) calendar days with pay each year in order that these employees may fulfill their military obligations. Fire department shift personnel will be granted a maximum of nine (9) shift days. 30.2 Active Duty: All employees who are reservists and are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. 30.3 The City will continue to pay the eligible employee's portion of health, dental and life insurance premiums and the City's pension contribution. If an employee has dependent insurance coverage, the Finance Department will consider this in 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. 30.4 Continued Service: Unless the person provides the City with written notice that they do not plan to return to employment with the City, no break in service will occur during the period of active duty and the employee with continue to accrue service for purposes of seniority and pension eligibility 55 ARTICLE 31 31.0 LEAVE OF ABSENCE 31.1 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 thirty (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. 31.2 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 thirty (30) days. 31.3 The City Manager, at his or her discretion, may approve up to an additional 6 months leave of absence without pay. 56 ARTICLE 32 32.0 UNAUTHORIZED ABSENCE 32.1 A bargaining Unit Member who is absent from work without authorized leave for a period of more than three days shall be deemed to have abandoned his or her job and shall be separated from employment with the City. Separation of this type shall not be considered a disciplinary separation. 32.2 However, a bargaining unit member who is absent from work without authorized leave for a period of not less than three (3) days or more than thirty (30) days, but who was physically unable to notify his/her employer or have another person notify his/her employer shall not be deemed to have abandoned his or her job and shall not be separated from employment with the City. Under these circumstances the Director, Human Resources must be provided with details of the absence and helshe must determine if just cause exists. 57 ARTICLE 33 33.0 JURY DUTY 33.1 Leave with pay may be authorized in order that regular employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Department Director. All pay granted under this section must be approved by the Department Director. In order for the employee to receive their regular pay for such leave the employee must deposit the money which helshe 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. 58 ARTICLE 34 34.0 SENIORITY & LAYOFF & RECALL 34.1 For the purpose of this Contract, "seniority" shall be defined as the employee's length of continuous service with the City of Boynton Beach. The City and the Union recognize the value of an experienced workforce and agree that an employee's seniority shall be considered along with the needs of the City, when affecting decisions on vacations, promotions and shifts. 34.2 Employees shall lose their seniority for the following reasons: a. Termination b. Retirement c. Resignation d. Layoff exceeding the period of recall e. Unexcused absences for three (3) or more days f. Failure to report to the human resources office intention of returning to work within five (5) days of receipt of recall as verified by certified mail. g. Failure to report from military leave within the time prescribed 34.3 Layoff and recall of employees shall be handled in the following manner: a. The City Manager may lay-off any employees in the bargaining unit whenever such action is made necessary because of shortage of work or funds, the abolition of a position or changes in the work force. However, no regular employee shall be laid off while there are employees with less seniority or temporary or part time or provisional or probationary employees in the same classification serving in the department where the lay-off occurs. b. Whenever a layoff of one or more employees becomes necessary the City Manager shall notify the Union at least two weeks in advance of the intended action and the reasons therefore. c. Layoffs will be made in reverse order of seniority within the department. Senior laid-off employees of the department shall be able to displace (bump) junior employees who are in any equivalent or lower classification for which the bumping employee is eligible for or for which he qualifies by meeting the requirements as set forth in the job description. 59 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. 60 ARTICLE 35 35.0 RECRUITMENT AND SELECTION 35.1 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; provided that where these factors are equivalent, preference will be given to current employees. 35.2 Basic Requirements 35.2.1 Human Resources is responsible for the nondiscriminatory implementation of this policy 35.2.2 Each department is responsible for assisting the Human Resources Department with recruitment, interviews, tentative selections, and recommendations for appointment. Departments have no authority to modify or waive the provisions of the PPM. 35.2.3 Human Resources has primary responsibility for hiring employees. All employment discussions are to be considered non-obligatory, exploratory, and tentative in nature and should be indicated as such to the applicant. Any offers of employment made to an individual prior to obtaining all necessary authorizations shall not be binding on the City. 35.2.4 The City shall make every effort to fill open bargaining unit positions within sixty (60) days of the position becoming vacant, except that nothing here shall prevent the City from changing, modifying or eliminating vacant bargaining unit positions. 35.3 Procedures 35.3.1 Applications and Interviews 35.3.1.1 Once Human Resources has officially announced a job vacancy through the posting of an Employment Opportunity notice, the official recruitment process has begun. The recruitment process may be withdrawn for any position, provided that such is not arbitrary or capricious, upon written notice to the union by the Director of Human Resources. 61 35.3.1.2 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. 35.3.1.3 Applications must be signed by the applicant. Falsification of any part of the Application for Employment or any related documents may, upon discovery, lead to the denial of an application, withdrawal of an offer of employment, or dismissal of the employee. 35.3.1.4 All applications and resumes received by departments must be forwarded to Human Resources. 35.3.1.5 Applications for employment may be accepted by the Human Resources Department when there are current vacancies for a specified position. 35.3.1.6 When a vacancy occurs, previously submitted applications and resumes on file in Human Resources may be considered in addition to all new applications and resumes received until the established closing date or until the vacancy is filled. 35.3.1.7 Certain classifications may require applicable testing prior to being given consideration. Human Resources will administer tests required and ensure that passing scores are attained prior to forwarding an application to a department for consideration. 35.3.1.8 Human Resources shall advise the appropriate Department Head of the eligible applications. 35.3.1.9 Upon receipt of the eligible applications, the department should: a. Review and evaluate all applications and resumes based on, but not limited to relative qualifications, knowledge, abilities, skills, education, experience, and certifications or licenses required in accordance with current class specifications; and, b. Prepare an interview schedule and conduct interviews. Human Resources may assist in scheduling, contacting, or co-interviewing of applicants at the request of the department; and 62 c. Determine which candidates are most suitable for further consideration and proceed with additional interviews, if necessary; and, d. Determine whether the applicant pool not was sufficient prior to recommendation for employment. 35.3.2 Selection, Reference Checks and the Recommendation Process 35.3.2.1 Once the interview process has determined suitable applicants, the department shall be responsible for checking references. No inquiry regarding criminal records, credit history or medical conditions shall be made at this step of the evaluation. 35.3.2.2 Human Resources may also conduct verifications regarding academic degrees, previous employers, and character references. All information provided on the Application for Employment will be subject to verification as needed. 35.3.2.3 Once the results of reference checks and other verifications appear satisfactory, the department will be notified in order that processing may continue. 35.3.2.4 The department may then recommend an applicant for employment and submit the proper forms to Human Resources for processing. The Human Resources Director shall be responsible for reviewing recommendations to assure fairness in the process. If the 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. The Union shall also be notified of the proposed deviation in pay. 35.3.2.5 Upon receipt of a recommendation for employment and in conjunction with a tentative offer of employm(1nt, a pre- employment physical, which may include a drug test, for the applicant is then scheduled. Medical examinations must be. satisfactorily passed to determine fitness to perform the duties of the position. At this step of the hiring process, Human Resource, with the assistance of the Florida Department of Law Enforcement (FDLE) shall check the prospective employee for a criminal record and may obtain, following the requirements of the Fair Credit Reporting Act, the prospective employee's credit. 35.3.2.6 After acceptance of an applicant's physical examination and drug test results, criminal background check and credit check, if 63 required, the Human Resources Director may authorize proceeding with the hiring process. 35.3.3 Employment Acceptance 35.3.3.1 Employment acceptance must be made by the applicant within three (3) workdays of the department's employment offer, unless otherwise extended by Human Resources. If employment acceptance is declined, the department may consider another applicant from the recruitment's applicant pool, or the department may choose to begin a new recruitment. Employment Procedures shall be followed in either case. 35.3.3.2 The department must notify Human Resources of the tentative hire date. New employees must provide proof of work eligibility and verification of identity to the City. Human Resources will forward the necessary employee paperwork to the Finance Department for payroll purposes. 35.3.4 Orientation Human Resources shall schedule and conduct a general orientation program for all new employees to explain the City's history and organization, to complete benefit program enrollments, and to stress the use of safe work practices. 64 ARTICLE 36 36.0 SAFETY AND HEALTH 36.1 The City shall comply with all State and Federal regulations pertaining to the occupational safety of the members of this bargaining unit. The City has and will maintain a safe and healthy working environment for bargaining unit employees. 36.2 Employees who are in positions designated by the Safety Committee will receive a shoe wage allowance of $190.00 each year for safety shoe/boots payable once for each year of this Agreement. The CitylSafety Committee will be responsible for deciding which positions require the wearing of safety shoes based on OSHA standards and recommendations. Management shall determine the type and quality of such shoes. 36.3 Employees who fail to wear proper safety equipment when required are subject to disciplinary action. The City shall provide specialty shoes/boots as necessary, at no cost to the employee, such as di-electric boots or after documentation from a physician indicating a medical condition exists. 36.4 The City shall make available immunization shots for tetanus, hepatitis, and diphtheria for all members of the bargaining unit as requested on a voluntary basis. 65 ARTICLE 37 37.0 INSURANCE 37.1 The City shall pay the total medical insurance, dental insurance, and vision care premiums for all regular employees. The employees will pay the full cost of medical insurance, dental insurance, and vision care premiums for their dependents. Existing or comparable coverage 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 fifteen (15) % during any fiscal year, the City agrees to open this Article for the purpose of impact bargaining. The selection of insurance coverage shall be made on an annual basis by the City. To that end, the City will form an insurance committee to be comprised of an equal number of non-represented members who are appointed by the City Manager and two members from each of the city's bargaining units. Bargaining unit representatives shall be designated by the Union. The final decision regarding selection of coverage is reserved to the City, but the City shall strongly consider input and recommendations from the insurance committee. 66 ARTICLE 38 38.0 PERSONNEL FILES 38.1 A personnel file for all City employees is maintained by the City's .Human Resources Department. If a request is made to review an employee's personnel file by someone other than the Department Director, the Human Resources Department Staff or the City Manager's office, a notice will be sent to the employee notifying him/her of such a request. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his/her own personnel records and shall have the right to make one duplicate copy of his/her records at no expense. Additional copies may be obtained at the employee's expense. The City will purge personnel files in accordance with appropriate Florida State Statutes. The employee file maintained by the Human Resources Department shall be the official file for each employee. 67 ARTICLE 39 39.0 TUITION ASSISTANCE PROGRAM 39.1 PURPOSE\ Defines the Tuition Assistance Program, which reimburses eligible employees for successful completion of approved courses up to a $1,500.00 cap for Associate degrees, a $2,000.00 cap for Bachelors degrees, and a $3,000.00 cap for graduate degrees per fiscal year for tuition and books. The City makes no commitment to employees that advancing their education will result in either a promotion or pay Increase. 39.2 SCOPE 39.2.1 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. 39.2.2 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 39.2.3 DEFINITIONS 39.2.3.1 Full time employee - an employee who has completed one year of service with the City after hiring or promotion to full time status. 39.2.3.2 Tuition Assistance Coordinator-Assigned designee who coordinates the Tuition Assistance Program. 39.2.3.4 Director, Organizational and Strategic Development - Assigned person who supervises the Tuition Assistance Program. 39.2.3.4 CAP - Upper limit on dollar amount that the City shall reimburse. 68 39.3 REQUIREMENTS 39.3.1 Eligibility 39.3.1.1 Applicants shall be full-time employees and meet the following performance and length of service requirements prior to beginning classes. 39.3.1.2 Full time employees who have completed their one-year probation. Part-time and Temporary Employees shall not be eligible to receive tuition assistance. 39.3.1.3 Employees must maintain a minimum or comparable rating of "meets standards" on performance reviews in order to remain eligible for tuition assistance. 39.3.2 Application 39.3.2.1 Employees may apply for reimbursement limited to $1,500.00 per AA or AS, $2,000.00 per BA or BS, and $3,000.00 for graduate degrees cap per Fiscal Year by completing the Application for Tuition Assistance form (pDF. 021) available in the Organizational & Strategic Development department, Human Resources departments, and on the "S" drive. 39.3.2.2 Application is restricted to tuition and texts only for approved courses required in the program. 39.3.2.3 Approval Cycle: Completed applications for Tuition Assistance should be submitted by the applying employee to their manager for approval, then sent through their area signature cycle, including their Division Director and then to the Tuition' Assistance Coordinator who will submit it to the Director Organizational & Strategic Development for final approval. 39.3.2.4 The Director Organizational and Strategic Development must approve applications prior to attending the first class to verify the class is eligible for reimbursement. Employees who begin classes prior to approval by those listed on the Approval Cycle will not be reimbursed. Incomplete applications will be returned to the employee and will delay approval. 69 39.3.2.5 Original receipts for tuition and books should be sent to the Tuition Assistance Coordinator as soon as they are available. Reimbursement will not be made without original receipts. 39.3.2.6 Final approval of all Tuition Assistance applications rests with the Director of Organizational & Strategic Development. Job- relatedness as determined by the City shall factor significantly into the City's decision to approve a given course or program. 39.3.2.7 Once approved, a copy of the application shall be returned to the employee. This copy should be saved and re-submitted with the original course grade at the end of the course to the Tuition Assistance Coordinator. Courses or books that are rejected from reimbursement shall be noted on the copy. 39.3.3 Selection of courses and schools 39.3.3.1 Tuition Assistance is granted at the City's sole discretion for individual courses based on course content and job-related factors. Generally, courses must aid employees to improve 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. 39.3.3.2 Colleges and universities must be accredited by the appropriate regional accrediting association, and must be included in Florida's Independent Licensed and Accredited Colleges and Universities and/or the Directory of Accredited Institutions. 39.3.3.3 Colleges and Universities granting degrees by distance learning media must be accredited by the appropriate regional accrediting association, and must be included the Directory of Accredited Institutions. The availability of courses at a community college or four-year university in the local area, as well as the ability of the employee to attend these classes, shall be a determining factor in approving a correspondence course. 70 39.4 Ineligible Courses 39.4.1 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. 39.4.2 Seminars, of any kind, shall not be reimbursed under the. Tuition Assistance Program. 39.4.3 The Tuition Assistance Program shall not cover classes that earn Continuing Education Units (CEUs). 39.4.4 Review courses designed to "coach" the participant to improve their chances in passing a test, such as a CPA examination or college entrance test (SA T), shall not be covered. 39.4.5 Courses that are graded on a pass/faiI option shall not be eligible. 39.4.6 Courses that officially began prior to the employee becoming eligible for tuition assistance shall not be eligible. 39.4.7 Courses issuing credit for "Life Experience" or Portfolios shall not be covered. 39.5 Materials and Fees 39.5.1 Eligible for reimbursement. 39.5.1.1 One hundred percent (100%) of tuition shall be reimbursed if a grade of "B" or better is earned. Fifty percent (50%) of tuition shall be reimbursed if a grade is "C." There shall be no reimbursement for courses where the earned grade is below "C." 39.5.1.2 Cost of all required books for which an original receipt is submitted shall be reimbursed. Employees may be required to provide documentation that their professor or instructor requires certain books. 39.5.2 Ineligible for Reimbursement. 39.5.2.1 The following fees shall be ineligible for reimbursement: activity, administrative, application, course change, entrance exams (e.g., SA T, GRE, GMA T), graduation, health, laboratory, late registration, library, parking, registration, transcript, etc. 71 39.5.2.2 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. 39.6 Tuition and Books 39.6.1 Eligible for Reimbursement 39.6.1.1 The maximum per hour reimbursement will be based on the current tuition rates at Public institutions in the area, and is limited to tuition and texts only for approved courses. 39.6.1.2 The approved copy of the Application for Tuition Assistance form shall be documentation that the employee is eligible for Tuition Assistance in accordance with City policy. This approval does not imply the City will accept responsibility to pay the employees tuition to the school or any other party. 39.6.1.3 Tuition and books which are paid by student loans are covered under this policy. Employees must produce proof of student loan if they are not the payee on the registration documentation. 39.6.1.4 Employees will be reimbursed the difference between the amount covered by non-refundable financial assistance and the total cost of tuition and books up to the maximum of the amount allowed under this policy when the cost of tuition and books exceed the limit of the scholarship or financial aid. Employees must provide proof of financial aid and or the value of the scholarship. 72 39.6.2 Ineligible for Reimbursement 39.6.2.1 Courses which are covered under any non-refundable financial aid, including scholarships, and government assistance, are not covered under this policy. Employees may not submit claims for reimbursement for tuition or books, which are covered by non- refundable financial assistance. 39.7 Terminated employees 39.7.1 If an employee receives approval for a particular semester and begins attending classes, but is involuntarily terminated by the City prior to the completion of the courses, the City may at its sole discretion reimburse the covered expenses. The course must have already started prior to the involuntary termination for reimbursement to be paid. 39.7.2 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. 39.8 Submission of Grades 39.8.1 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. 39.8.2 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. 39.8.3 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. 39.8.4 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. 39.9 Disbursement 39.9.1 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. 73 39.9.2 Reimbursements will not be retroactive and will cover only those classes taken in the fiscal year in which they applied. 39.10 Responsibility and Authority 39.10.1Management, at all levels, shall be responsible for enforcing this policy within their area. 39.1 O.2The interpretation and administration of this policy shall be the responsibility of the Director of Organizational and Strategic Development. 39.10.3The Director of Organizational and Strategic Development or assigned designee, shall be responsible for the audit, approval, and processing of tuition assistance applications and reimbursements. 74 ARTICLE 40 40.0 GENERAL PROVISIONS 40.1 Except in the case of negligence or misuse all employees requested to furnish tools for their job shall receive replacement tools for tools broken in performance of the City's work provided they furnish the City with a list of their personal tools approved by their department head. Employees who are assigned City-provided tools, materials and items of value to perform their job, and who lose those tools, materials and items of value, shall be responsible for replacing those lost tools, materials and items of value. Tools stolen from their assigned City-owned vehicle or City property shall be replaced by the City, if there was no negligence in their loss. In the event that the employee was negligent, the employee shall be responsible for the replacement of the stolen tools. 40.2 The employee shall be allowed to place written refutations and or responses into their personnel file and/or departmental work file when those refutations or responses relate to material placed into the personnel file that has been prepared by supervisors. 40.3 Uniforms will be provided annually as follows, unless otherwise indicated below: Application Technicians 911 Communications Code Enforcement 6 Shirts, 2 Pants 6 Shirts 6 Shirts, 5 Pants, 1 Jacket (Bi- Annually), 2 Baseball caps 6 Shirts, 2 Pants, 1 Jacket, (Bi- Annually), 2 Baseball caps 6 Shirts, 2 Pants, I Jacket (Bi- Annually) 2 Baseball caps 6 Shirts, 5 Pants 6 Shirts, 5 Pants 6 Shirts, 5 Pants, 1 Jacket (Bi- Annually), 2 Baseball caps) Field Inspectors Plan Review Analyst Police Records Technicians Service Writers Water Quality Lab Technicians Fire Inspectors, Community Service Officers, Police Crime Scene Technicians and other employees covered by this agreement but not listed will be issued uniforms accordance with the Department policy. The cost of the uniforms shall be borne by the City. Employees are required to return uniforms to the City when they terminate employment. 75 40.4 All uniform pieces and any uniform shoes required by the department to comply with departmental appearance standards shall be supplied by the City All uniform articles will be provided through the City's warehouse. 40.5 Employees who are not required to wear uniforms shall be allowed to continue to wear City polo shirts in the color choice of the City. The City shall provide six (6) polo shirts to each employee on their anniversary date. The cost of uniforms and/or polo shirts shall be borne by the City. 40.6 No alcoholic beverages are to be purchased or consumed while wearing a City polo shirt or a City uniform. 40.7 Automobile Allowance - Employees who are employed in the Building and Occupational License Department, and who are regularly required to use their personal vehicle for City business shall receive a $490.00 monthly car allowance. 76 ARTICLE 41 41.0 DUES DEDUCTION 41.1 F or all union business, employees covered by this agreement should first contact their union steward. Employees covered by this Agreement may on the prescribed form, authorize payroll deduction for the purpose of paying LOCAL 1227 dues deductions and/or COPE deductions. Employees shall receive copies of the form from either the City Finance Department or their Union office. 41.2 The Union will initially notify the City as to the amount of dues and COPE deductions. Such notification will be certified to the City in writing over the signature of an authorized officer of the Union. Changes in Union membership or COPE dues will be similarly certified to the City and shall be done at least one (1) month in advance of the effective date of such change. To revoke the payment of Union dues or COPE deductions, the employee shall go to the Union office and Union staff shall prepare and mail notice of such change to the City's Finance Department. 41.3 Dues shall be deducted each pay period and remitted monthly and the funds shall be remitted along with a list of employees contributing to the Treasurer of LOCAL 1227 within fifteen (15) days after the end ofthe month. The Union will indemnify, defend and hold the City harmless against any claims made or suits instituted against the City on account of payroll deduction of Union dues. COPE deductions will be remitted to the union in a separate check on a quarterly basis beginning April 2004. 41.4 For the purpose of putting this article into effect, the Union will furnish forms for such individual authorization reading as follows: 77 NOTICE TO CITY AND UNION AUTHORIZATION FOR DEDUCTION/DISCONTINUA TION OF UNION DUES _I hereby authorize my City to deduct from my salary each pay period my Union dues, as certified to the City by the Union, and to transmit this amount to the Treasurer of the Union. _I hereby authorize my employer to deduct from my salary each pay period my COPE deduction of $1.00 per week, as certified to the employer by the union, and to transmit this amount to the Treasurer of the union. I understand that this authorization is voluntary and I may revoke it at any time by give my City and the Union thirty (30) days advance notice in writing. Date Signature Job Title Social Security No. Name Printed 78 ARTICLE 42 42.0 PENSION Employees will continue to participate in the employees' pension plan of the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union, in its entirety,. upon request from the Union. 79 ARTICLE 43 43.0 SUBSTANCE ABUSE 43.1 The NCFO, LOCAL 1227 recognizes and supports the City's Drug Free Workplace Policy as adopted in City Code 2-19 and will work with the City to enforce the provisions of the policy. The City's Drug Free Workplace Policy applies to all members of this bargaining unit. Drug testing procedures and positive test levels shall be as set forth in Florida Statute 112.0445, Florida's Drug Free Workplace Act, and FAC 4L-9.015. Positive test levels for employees who are engaged in operation of vehicles or equipment and covered by other state or federal regulations shall be as established by those regulations. 80 ARTICLE 44 44.0 PROBATIONARY PERIOD 44.1 In order to determine that each employee is placed in a position most likely to result in a successful career at the City, all newly hired or promoted employees shall be required to complete a probationary period. 44.2 New Hire (Full-time): Each new full-time employee must successfully complete a probationary period of twelve months from the date of hire. Promotion from Part-Time to Full-Time: Each promoted employee must successfully complete a probationary period of twelve months from the date of promotion. Upon successful completion of the probationary period, the probationary employee will be considered a regular employee. 44.3 Promotion to a Higher Graded Position: Each promoted employee must successfully complete a probationary period of six months from the date of promotion. Note: Applicants for promotion must have been in their current position for a minimum of six months and have a Meets Standards or higher performance rating. 44.4 Transfer to a different position, whether in the same or a lower grade: Each transferred employee must successfully complete a probationaty 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. 81 ARTICLE 45 45.0 LONGEVITY BENEFIT 45.1 Employees eligible are those employees who: a.Have been employed with the City on a regular full-time basis and continuous basis for a minimum of five (5) years b.Have an overall "Meets Standards: or above rating on the previous employee evaluation 45.2 Employees will receive a cash Lump Sum Bonus as follows: On the employees fifth (5th) anniversary a lump sum payment of $500. On the employees tenth (loth) anniversary a lump sum bonus payment of$1000. On the employees fifteenth (15th) anniversary a lump sum bonus payment of$I,500. On the employees twentieth (20th) anniversary a lump sum bonus payment of $2,000. On the employees twenty-fifth (25th) anniversary a lump sum bonus payment of $2,500. On the employees thirtieth (30th) anniversary a lump sum bonus payment of $3,000. On the employees thirty-fifth (35th) anniversary a lump sum bonus payment of$3,500. On the employees fortieth (40th) anniversary a lump sum bonus payment of $4,000. 45.3 Any pay earned for Longevity Benefits is subject to required Federal deductions. 45.4 Employees who terminate from the City employment prior to their hire anniversary date will not be entitled to benefits. 82 ARTICLE 46 46.0 BONUS INCREASES 46.1 In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of $500.00 when such a bonus justified, in writing,' on the prescribed 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. 83 ARTICLE 47 47.0 LABOR-MANAGEMENT 47.1 A joint laborlmanagement committee composed of an equal number of representatives from the union and management shall meet within ninety (90) days of the ratification of this agreement to study and make recommendations on ways to minimize overtime costs, standby costs, and improve working conditions for employees, or to take up other subjects as determined by the committee. During the first meeting, the committee shall determine a meeting schedule to be implemented. 84 ARTICLE 48 48.0 SAVINGS CLAUSE 48.1 If any article or section of this Agreement should be found invalid, unlawful or not enforceable, due to any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. 85 ARTICLE 49 49.0 MAINTENANCE OF CONDITIONS 49.1 Except as provided herein, the status quo as it pertains to conditions shall remain in effect for the duration of this Agreement. Changes to rules and regulations which reflect standing policy, past practices, management rights, minor changes, and changes which do not impact on members of this unit may be made by the City upon notification to the Union. There is no non-salary (age or allowance) monetary benefit, except as set forth or incorporated by reference in this Agreement. 49.2 If past practice or status quo is raised at any time during the term of this contract, then the Union and City agree to document the resolution of the status quo or past practice by Letter of Agreement, and such letter of agreement shall not survive this agreement unless incorporated into future agreements. 86 ARTICLE 50 50.0 POSTING OF AGREEMENT 50.1 The City will maintain a copy of this Agreement for inspection in the Human Resources Department. 50.2 The City will post a copy of this agreement, as ratified, on the City's web page. 50.3 The City will provide the NCF&O with a copy of this agreement on compact disk. 50.4 The City will provide each new employee with a copy of this Collective Bargaining Agreement at the time of their initial orientation. 87 ARTICLE 51 51.0 COLLATERAL DOCUMENTS 51.1 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 a specified article in this agreement, in which case the terms of this Agreement shall control.. 51.2 Nothing herein shall be interpreted to preclude the right of the Union or City to impact bargain, subject to applicable law. 88 ARTICLE 52 52.0 DURATION This Agreement shall become effective on ratification by both parties as prescribed by Chapter 447, Florida Statutes and remain in full force and effect until September 30, 2009. No wage or benefit provided herein is retroactive in nature prior to the effective date of this Agreement. Wage and benefit levels existing on September 30, 2009 shall be frozen as of that date and shall constitute the status quo during any period of negotiations for a successor agreement. Agreed to this 1:3 day of SepT. , 2006 by and between the respective parties through the authorized representatives of the Union and the City. RESIDENT Sharon Munley Witness NATIONAL CONFERENCE OF FIREMEN & OilERS, SEIU, AFl- CI ,ClC ..."/ / /iI I /, 7'- I 6/4.p ~ Witness CITY OF BOYNTON BEACH 7fJ~;o mHLk Witness __~~__u FORM AND CORR~ ~. ATTORNEY~ CITY MANAGER James Cherof Kurt Bressner Date ratified by Commission: 8 - 1- 0 b Date ratified by Union: ,,- 019 - 0 b 89 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, Rl,PRESENTATIVr:"S NAME ----, request to be absent from duty for a union meetin~ at __,on LOCATION the following Reason: Grievance Consultation with Management Pre-Determination Conference Employee Requested Representation Collective Bargaining Arbitration NCF&O Business (CHECK ONE) , at -_ for TIME DATE This form must be completed and received by Finance within seven (7) calendar days of the meeting date as stated on this form. Union Representative's Signature Release Authorization - _ Approved Denied (Completed by Supervisor/ 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 wtion representative) I , Printed Name Title Meeting Start Time I f Signature Date Meeting End Time Return to Work (Completed by Supet;Visor/ Manager) I f Printed Name Title Time Returned Signature Date TOTAL ELAPSED TIME J I (Total elapsed time is the difference from the TIME OUT and the TIME REllJRNED) Reason for denial: White/Human Resources Blue/Department Yellow/Employee Pink/Meeting Manager Green/Releasing Manager